Senate Bill Again Aims to Restrict Internet Radio 233
JAFSlashdotter writes "If you enjoy MP3 or OGG streams of internet radio, it's time to pay attention. This week U.S. Senators Lamar Alexander, Joseph Biden, Dianne Feinstein, and Lindsey Graham decided to reintroduce the 'Platform Equality and Remedies for Rights Holders in Music (PERFORM) Act'. An Ars Technica article explains that PERFORM would restrict our rights to make non-commercial recordings under the Audio Home Recording Act of 1992, and require satellite and internet broadcasters to use 'technology to prevent music theft'. That means goodbye to your favorite streaming audio formats, hello DRM. The EFF said pretty much the same when this bill last reared its ugly head in April of 2006. It's too soon to get the text of this year's version (S.256) online, but it likely to resemble last year's S.2644, which is available through Thomas."
games they play (Score:4, Insightful)
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Re:games they play (Score:5, Funny)
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That's the best character to mod point ratio I've ever seen
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Useful acronyms (Score:3, Interesting)
Fight the backronyms (Score:4, Funny)
Ah, well. I'm sure there's a way we can retaliate against Media Organization Representatives' Orwellian Nomenclature In Congress. If someone could just think of a way we could fight the Advocates for Spurious Senate and House Oligarchic Lobbying Efforts.
The hard part will be not stooping to their level in the process.
Acronyms (Score:5, Funny)
Oh, how I wish I could take credit for that one. I got it off Jon Stewart.
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When they fail at reelection because of it.
Politicians only "learn" by failing at reelection. Otherwise, they think their snot makes mayonaisse.
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The politician needs a simple, memorable, word or phrase. Calling his new bill The Patriot Act and half the battle is won. Microsoft promotes its new OS as Windows Vista. In a market dominated by Photoshop, FOSS limps along with The GIMP.
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Platform Equality And Remedies For Rights Holders In Music
Pear For Him? Sounds like cologne. (Well you can get apple [dkny.com] stuff already).
Goodby Internet Radio? I don't think so (Score:5, Insightful)
Re:Goodby Internet Radio? I don't think so (Score:5, Insightful)
Say hello to Internet Radio {From anywhere in the world other than the US}
That is just what happened to crypto development when anal laws came in. The good thing is they will loose as the World now owns the Internet. I guess these politicians have too much spare time to come up with goofy unenforceable laws.
But the best solution is a consumer revolt. For example I don't buy Sony any more, between their support of DRM and it's very own root-kit I decided my last PC purchased 3 years ago was the last Sony product I will ever buy. It is now running a DRM free Linux.
s/loose/lose/ (Score:3, Insightful)
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Which would mean something if the Geek was a significant presence in the domestic consumer market.
Re:Goodby Internet Radio? I don't think so (Score:5, Interesting)
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"Look I'm working! I built a bridge to nowhere!"
It's all trucks and tubes to them, they have the technological savvy of slim jim.
Re:Goodby Internet Radio? I don't think so (Score:4, Funny)
And from a salary stand-point, most politicians don't make much money, at least when compared to other "higher ups" on the social ladder, and deducting campaign costs. The real money comes from sponsors and under-the-table deals.
These people make laws at random, it seems like it must be some kind of drinking game. "All right, Kennedy vs. McCain! Whoever drinks 20 shots first wins. Loser has to finish his, drink another 10 shots, then write 5 bills about regulating the Internet!"
Except... (Score:5, Insightful)
It's about "level playing fields" until the US has to make a change, when it becomes about sovereignty.
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I'm an independent, but if I had to choose between the two, I'd go with the one that doesn't get us into wars, so Democrats it is. I'd just feel really really dirty though.
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Try saying that after the Democrat allowed *IAA police force comes and takes you out of your home and puts you in one of their copyright reeducation camps.
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The only thing I don't get a 100% is why the Bush administration wanted to attack Iraq. Most likely a combination of factors, ranging from money (oil, war contracts) to diplomatic (Saudi
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aye aye (Score:2)
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That's okay... The rest of the (Western) world doesn't like stuff made elsewhere, either.
That's why the majority of their music, and movies, were made in the US.
It would be only too ironic for music made in the US to be exported to the rest of the world, only to be streamed back to US listeners, due to utterly moronic copyright laws.
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How many American radio listeners have ever regularly tuned in foreign broadcasters?
Shortwave, satellite, or streaming media.
theft!?? (Score:5, Insightful)
Re:theft!?? (Score:5, Funny)
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To use a software development analogy, what comes out of development and testing may look nothing like the original specs, if these were made by business people rather than software experts.
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My take is that laws are much like code... And legislators are, for the most part, very junior programmers indeed. There's no real beta test period for most laws, and unintended consequence are rife throughout the system when interpreted by the VM of our court system.
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'technology to prevent music theft' (Score:2, Insightful)
How is this going to work? Broadcast music in such a manner that a home tape recorder, Windows Sound Recorder or Audacity will not pick it up?
Sounds like they have a little hurdle on their hands.
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No, you're not done (Score:2)
First Amendment (Score:2, Interesting)
Why not legislate technology to prevent copying text? After all, text can be copyrighted.
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Looks like they're out to kill Shoutcast. While those Internet stations may pay royalties (somehow I doubt most of them do) for airing the music over the Internet, they're streaming it in an unprotected format so anyone could easily digitally copy that stream and reproduce it. I imagine that is what the legislation is intended to combat. If so, FUCK THEM! They're taking Internet stre
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Bill text (Score:4, Informative)
Why this is necessary. (Score:4, Insightful)
As a result, it is not unreasonable for lawmakers to address the problem by passing laws. Unfortunately, many of the laws they pass (including, at first glance, this one) are overbroad, over-reaching, ham-handed, unworkable, and/or completely ignorable. This is only partly because politicians and lawmakers are torpid and ignorant. The larger problem is because truly legislating such stuff is very very hard.
IP protection is like pollution: any single individual has an incentive to pollute/violate copyright. Therefore, collective pressures must be put in place to curb it. Again here we see another slashdot article whose ostensible purpose is to bitch and whine about how some politicians made some dumb law. Are we ever, even once, going to see an article that says "hi - look - the RIAA and MPAA may be arseholes, but they do have a point. software / movie / music / whatever piracy is a serious issue. how would YOU solve it?" Of course, we can expect the usual dumb answers, which are:
What should be done about it?
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Short answer (Score:5, Insightful)
1. We are technologists. Like any other sort of craftsman or artist or artist, we have a deep respect for the tools and methods of our trade.
2. The effect of these laws is to either blunt our tools into uselessness or turn them into convoluted black boxes that only a privileged few are allowed to completely understand and manipulate. Blunting a knife so that you can't cut yourself is morally equivalent to how the interest groups want to solve the issues you brought up.
I have little trouble understanding why Morimoto thought Bobby Flay an ass for standing on his cutting board. In the same vein,
Frank Zappa didn't think much of the stage theatric of smashing a guitar on stage. Both are merely tomfoolery however. What the xxAA and the politicians want to do is send thugs into our hardware stores to remove the beautiful and useful in favor of stunted ugly things "Da Boss" approves of.
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In defense of the engineer (Score:4, Interesting)
No, the people who build the atomic bombs were giants, the people who decided to use them were midgets (actually, they were not, but that it another discussion).
Refusing to impose your own morality on other people does not make you a midget. We scientist, engineers, and craftsmen create the tools with which humankind can build paradise on Earth. We do not impose paradise (or our view of paradise, which may be a hole lot nerdier than others) on them.
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No, the people who build the atomic bombs were giants, the people who decided to use them were midgets (actually, they were not, but that it another discussion).
The decision to use nuclear weapons on Japan was ultimatelly Harry Truman's and it was the correct choice. The real atrocity committed by an Allied politician of that era was Chamberlain's appeasement of Hitler which led to the European theater of WW2 - the Asian theater started in 1931 when Japan invaded China.
FWIW, Japan came very close to provoking a full scale chemical and biological war with the US - fortunately for Japan, the Japanese sunmarine carrying the jars of bubonic plague infested fleas
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When it's done merely to prop up a dying industry at the expense of the public good, you bet.
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In short, your view is that technologists should not be concerned with how their creations are used. In your view, laws that restrict how or what technology you create are bad. Because you are a 'craftsman', you are completely absolved from any real thinking or restrictions about implications, whatsoever. Furthermore, nobody else should be able to put any restrictions on the use of your output, because you are a 'craftsman.'
The world has achieved brilliance without wisdom, power without conscience. O
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You're either talking past or not getting what torques me and "the Slashdot crowd" off: Screwing up our hardware with "Fritz Chip
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Only in instances where the social problem leads to physical harm or violation of another's right to life. The government shouldn't be involved in creating new and more restrictive laws to solve tiny problems.
We are technologists (Score:4, Insightful)
2. We are technologists. We know that DRM on an open machine is mathematically impossible. And so to institute effective DRM, machines would have to be locked away from us, the end users. Us, who love the machines.
3. We are technologists. We know that leaked copies spread exponentially, not linearly. Hence, if one person leaks something to the internet, everyone has it, and this DRM is useless.
4. We are technologists. We know that all this level of DRM does is force people to spend thousands of dollars re-buying the same hardware, without actually solving the problem.
We are technologists. But we are not one. Grandparent post, whose pro-copyright post claimed that pro-copyright posts were never modded +5, was modded +5. We are many people with many different opinions. We're all just looking for answers.
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There are table saws which can stop in an instant before amputating your fingers. The technological solution protects the user. The saw still does its job of cutting wood.
We are technologists. The effect of these laws is to either blunt our tools into uselessness or turn them into convoluted black boxes that only a privileged few are allowed to completely understand and
Mod parent up (Score:2)
Re:Why this is necessary. (Score:5, Insightful)
I doubt the 'technological community' [sic] is quite as homogeneous as you give it credit for. That being said, I think you're giving said community the short shrift.
I suspect a wide range of people, 'technological' or not, would agree that:
What the 'technological community' — and I would argue it's really more the 'tech-savvy consumer community' — is reacting to is the fact that the deck appears stacked in favor of the RIAA/MPAA/patent trolls side:
The 'technological community' therefore tends towards promoting anarchy (e.g., turning a blind eye towards 'pirated' music) as an easy means of providing a check and balance to the entrenched powers, even if such anarchy tends to run counter to the ideals of the 'technological community'.
Your goal — finding a reasonable middle ground — is noble but too soon, particularly since your suggestions smack of asking the 'technological community' to unilaterally disarm.
If you really want to get to a reasonable middle ground, here's the windmill I'd tilt at:
Admittedly, this is probably 10-50 years in the making, and so from a practical standpoint it might not have much of an impact over the specific issue of IP rights in the digital era. Personally, I'm more concerned with fixing the over-arching system (raising citizens' voice in government) than fixing individual problems (IP rights in the digital era). But, that's just me.
One Argument Does NOT fit all (Score:3, Insightful)
1) By using the term Intellectual Property(IP) you already change the language of any argument towards 1 side. Property does not imply any temporary rights, its a permanent thing. Don't forget the power of terminology, the people who promote such terms don't.
2) A great deal of man's progress was possible and still con
Re:Why this is necessary. (Score:4, Insightful)
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Fair use is NOT a fixed set of rules, such as "you can copy 3 paragraphs, but not 4" or "you can let your sister borrow your CD, but not your second cousin." Because your whole argument rest upon your faulty assumption that Fair Use is indeed such a fixed set of rules, the rest of your argument falls apart.
I encourage you to read more about what fair use actua
Re:Why this is necessary. (Score:5, Interesting)
Come up with different business models to respond to changes in tech, instead of trying to enforce systems that were created to deal with very different technological/business environments.
When copyrights were invented, it was unthinkable for one person of modest resources to be able to quickly a cheaply send unlimited copies of a written work across the world at no charge. Now nearly every household in the western world can do this. I don't think we can abandon copyright, but I do think some different understanding is required.
I think of the movies Cars, for example. My kids really like that movie. We have the DVD, but I'm sure Pixar have made more from us out of merchandising than by the DVD sale. I'm pretty sure that financially succesful movies could be made even without ever doing anything to stop downloaders. Commercial pirates could still be prosecuted, but have liberal fair use for non-commercial purposes. If they went so far as to promote it as free to download (a reasonable time after the cinema release) they could potentially gain a much larger market share and therefore merchandising revenue.
Looking at software: Microsoft use copyright violation to sustain their market share. It is a part of their business model, they don't openly admit it, but it's not a secret. If personal copies were permitted, but copying for commercial use forbidden, in reality it would not destroy their profits. Most people buy their computer with software on it, and would continue to do so. Most people simply don't want to install their own operating system. Redhat seems to remain a viable business, despite CentOS. Probably CentOS helps Redhat retain market share in much the same way that pirated windows does for MS, but without requiring the law to be broken.
In short:
1 - There are currently viable business models that don't require changes to copyright law/enforcement. Use and improve on these.
2 - Accept that some businesses may have to operate with smaller profit margins. Deal with it.
3 - Accept that some industries may have to become smaller. Deal with it.
4 - Acknowledge that there is much "content" produced today that would not harm society in the slightest if none of it ever got made again.
why this is UNnecessary. (Score:2)
I disagree. Posters on slashdot, as you yourself concede, is hardly the technological community. Microsoft, Apple, Sony, Real Networks, Adobe, Intel, and 90% of the commercial businesses in the digital content arena have put a great deal of money and effort into "reasonably safeguarding
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To add insult to injury, media organizations come in and demand things like "trusted computing" (which sounds like a remote execution hole waiting to happen) that I don't want on the computers running my bank software, or government computers with my SIN/SSN on them.
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Your post is a bit uninfformed. The arguments seem reasonable, but aren't based on what is happening. First, 'technological community' is a bad name. That name includes huge companies that are pushing copy protection, but by lack of a better name, I'll use it too.
Of course the tech community has no interest in building copy pro
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Are we ever, even once, going to see an article that says "hi - look - the RIAA and MPAA may be arseholes, but they do have a point. software / movie / music / whatever piracy is a serious issue. how would YOU solve it?"
No, because it's not a serious issue.
The only serious issue here is that all these businesses are founded on a contradiction: the idea that they can sell information, but their customers can't turn around and redistribute that information on their own. Anyone with a shred of foresight would have realized from the beginning that such a model is fundamentally flawed. If you want something to be concerned about, try asking yourself why it's worth fighting an endless uphill battle just to preserve those stillb
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The problem is larger than simple copyright infringement: the real issue is the lengths to which these people are willing to go in order to have their way. This is not a matter of traditional copyright law, it's a matter of satisfying a group of businessmen and lawyers of the
whack-a-mole (Score:2)
Will it end?
You got to ask (Score:5, Interesting)
Of all the problems in the US, and around the world, they decide that this is something they should work on. Ignore all the letters from the people they represent, and take care of special interests. This is what is wrong with our government. I am sure each and every one of these people have received thousands of letters on Iraq, and healthcare, and numerous other problems from everyday voting citizens. I would love to see the letters they have received that convinced them that this was an issue that needed their attention over all these other issues. I doubt they can produce even one that came from a private voting citizen.
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When you put a big check in the letter to your senator, then they'll listen to you. That's how you tell the letters to act on from the letters to trash.
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Here's one she did receive from " a private voting citizen." And no, she didn't reply to this:
You will notice (Score:3, Insightful)
Money Trail (Score:5, Interesting)
I read the article, yet, as is almost always the case, it is unclear why the bill sponsors have committed their names to it. Clearly there is only one benefactor: recording industry groups obsessed with piracy. The radio stations do not benefit, the listeners do not benefit. However they [the lobby] are probably well aware that Internet Radio area is, most likely, not a common place for piracy.
This leaves us the option that they are trying to push this through as an attempt to soften the ground for a larger blitz on personal freedoms on commercial products of a digital nature.
But can anyone say for sure why these alleged representatives of the people have deemed it necessary to impose a law that most people will not need, understand and be worse off for in the long run? I can think only that, someplace, there is a trail of money, or of gratuity, or of favours and deals or offers that are the real reason that any member of the nation might even acknowledge the phantom problem of audio piracy.
Two sponsors are funded by the media industy... (Score:3, Insightful)
Joe Biden, as well, gets a great deal of money from the media instustry, its in his top 10. [opensecrets.org]
The motivating force behind Graham [opensecrets.org] and Alexander [opensecrets.org] is less obvious to me.
I'm not optimistic that their reasons were any more noble than Feinstein and Biden, however.
-Sean
Letter to Sen. Amy Klobuchar (D-MN) (Score:5, Insightful)
As a content creator in my own right, and a Copyright holder of both written and recorded content, I do not see the PERFORM Act legislation, put forth by Sens. Alexander, Biden, Feinstein and Graham as being conducive to protecting the pre-eminent rights of "fair use", encouraging competition and creativity in the marketplace, or protecting the rights of copyright owners from substantial losses.
In 1996, I authored a paper on internet music distribution as a student conducting research at the University of Minnesota. It was clear then that the world is moving into an age of internet distributed content. What was not clear, least of all to the senators who enacted the 1998 Digital Millennium Copyright Act, was that the negative reaction to internet distribution from the recording industry had little to do with losses from piracy.
The truth is, RIAA is scared to death of the internet. It threatens a distribution monopoly they have held since the 1940s (see Shemel and Krasilovksy's "This Business of Music"). The internet represents an opportunity for individuals such as myself to gain audiences worldwide without resigning to the fiefdom of a recording contract in which the recording artist is made a debtor to the recording company. In the 1990's, fewer than 15 percent of recording artists from major recording labels sold enough copies to break even on the recording advances paid to them to cover the COSTS of recording the album being produced for the record company's gain and to a lesser extent their own. This means that 85 percent of the recording artists then did not see a dime of royalties for their creations.
The world is on the edge of a revolution in independent film making and music making... and the recording industry wants to stop this under the guise of antipiracy legislation. Note that I discourage people from supporting illegitimate downloads because that only solidifies RIAA/MPAA's case to lobby senators just like you to enact such unnecessary legislation... putting a clamp on internet distribution. RIIAA throws lawyers at every grandmother and twelve year old and from my experience employed in internet security enforcement, I can see they're ice-skating uphill. Again, I refuse to support their business case by piracy and instead voice my support of internet distribution by purchasing exclusively through legitimate services like iTunes to show this IS a profitable channel of distribution. However, they're ice-skating uphill nonetheless... but they know it. They have no choice because when artists realize we don't need to subject ourselves to the modern form of indentured servitude, record company executives will be forced to either think innovatively or find another business to work in.
I urge you to condemn the PERFORM Act which seeks to stifle the rights of consumers IN THEIR OWN HOMES, rights which were established by 17 USC 1, 107, and further reinforced by the 1992 Audio Home Recording Act which protected the consumer's right to record broadcasts for their own, personal use. There are already laws protecting piracy and illegal distribution, and these cases should follow due process of law and have their days in court... but this legislation is, like DMCA, aimed squarely at attempting to stifle the inevitable decentralization of RIAA's distribution monopoly and seems to make criminal even the recording of content from individuals such as myself who have created our own material on our own dime, in our own studios, with our own equipment, our own imagination, and hoped that the internet would give us a chance for our creative expressions to be heard.
The internet is the common man's greatest weapon in the information economy against the tyranny of a majority or minority... and it is every Senator's duty, under Oath to the Constitution, to protect our pre-eminent rights from being eroded in this manner.
Thank you for your valuable time and consideration.
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It's not a very exciting read, as it follows a market analysis/business proposal type of format. It's not the kind of zeitgeist punditry you'd expect from all manner of bloggers these days falling over themselves to predict what the next great thing is going to be. It's just really a
Words vs Money (Score:2)
Lobbyists offer big financial rewards, favors, vacations, etc.
Consider human nature; who do you believe the legislators will choose to follow?
I'm not saying we shouldn't try, but, there are bigger problems at play here...
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well well well (Score:2)
make your time, all our base are belong to them.
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Yep. Although comparing Feinstein to a Democrat is hardly fair. She makes Lieberman look like a pinko peacenik. It's too bad the Republicans didn't run a real person against her. But then again, why would they run a Republican against a Republican?
Please write a letter to your senators and representatives expressing your dismay. Let them know they are beholden to the voters, not to their donors, and that the voters won't put up with this crap.
Say hello to P2P streaming (Score:2)
really caught on: P2P Casting.
and headquartered (if its headquartered at all) from offshore.
Its time.
Democratic reform? (Score:2)
Not to get too political, but the summary ought to include the party affiliation details:
Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC)
Two of those Senators are Democrats, and this is one of those nefarious 'bi-partisan' bills. In other words, having won majority (barely) in the last election the Democrats are back to screwing over the citizens whom just voted them back into power. -sigh- Nothing ever changes.
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inaccurate /. summary; analog hole (Score:2)
When I read the /. summary, it sure put a scare in me: restrict our rights to make non-commercial recordings??? I record my own music for fun, so that seemed pretty bad. But if you read the article, it doesn't say anything about that. It talks about recording (copyrighted, commercial) songs off of the radio, not making your own music.
Anyway, for audio, the analog hole is basically impossible to plug, so the whole issue is vastly overblown. The analog hole for audio is like missile defense, where the count
This is not a problem (Score:2)
DMCA legislation enables streamrippers (Score:2, Interesting)
Feinstein form letter responses about PERFORM& (Score:2)
Feinstein responds with a form letter about the PERFORM DRM act:
http://slashdot.org/comments.pl?sid=193819&cid=158 92380 [slashdot.org]
And the same response to someone else:
http://www.orbitcast.com/archives/congressman-resp onds-to-perform-act-disput [orbitcast.com]
Reasonable technology to prevent theft (Score:2)
There isn't any such technology, and there never will be. So, does this law outlaw all broadcasting, or is it a NOP?
SOMEBODY get fucktard Feinstein out of Congress (Score:3, Insightful)
This bitch is more corrupt than Hermann Goering.
She's also on board with attacking Iran (see my sig) - which, by the way, is heating up as Bush sends another carrier group to the Gulf, and is activating a third to follow, as well as delivering attack aircraft to Incirlik in Turkey - and now attacking Iranian personnel in Iraq. It's on for this year - maybe soon.
Folks, if you thought Iraq was bad, you ain't seen nothing yet. William Lind is predicting a possible loss of the US military forces in Iraq if Iran is attacked. That's not a "defeat" he's talking about - he's talking about a LOSS - as in tens of thousands of dead Americans and headlong evacuation of the remainder and the loss of every piece of US equipment left there. All it takes is for the Shia militias in Iraq to support Iran and cut the 600-mile supply lines from Kuwait. Within thirty days, no food, water, or ammo left for the US in Iraq.
Bush (and the rest of the stupid bitches in Congress supporting him including Feinstein) need to be stopped NOW by a Congressional resolution prohibiting Bush from launching ANY military action against Iran without a declaration of war by Congress and prohibiting him from using ANY nuclear weapons against a non-nuclear nation without authorization by Congress in advance.
Re:PERFORM ??? (Score:4, Funny)
BRIBE:
Bringing Really Innocent Bills in Exchange Act
And they were cheating! Half the letters weren't used. And they used a whole word for 3 letters. Jeez no wonder they're in politics.
Re:PERFORM ??? (Score:5, Funny)
It should be Buying Representation In Backroom Exchanges
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I'm willing to be proven wrong but I'm not sure the Democrats aren't worse on these issues. Oil money: Republicans. Hollywood money: Democrats.
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Hah...my opinion is that the political system is corrupted by money and association. Here's a little something [washingtontimes.com] about your new Speaker of the House.
Of course, it's hard to believe that the Republicans have the nerve to bitch about it (put me in mind of something about logs and specks [bible.cc] or maybe pots and kettle), but they do.
Maybe it's true about the "banality of evil."
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That is, until everyone is running Vista or later.
See A Cost Analysis of Windows Vista Content Protection [auckland.ac.nz] by Peter Gutmann.
Vista is supposed to degrade the sound quality of (some) DRM-protected content that is output through a non-copy-protected channel. From the whitepaper