New, tougher copyright legislation in the works

D

djduquet

Guest
A story surfaced yesterday that a new and tougher rewrite of the DMCA is in the works. Sponsored by Rep. Jim Sensenbrenner, Jr. (R-WI) (and not Rep. Lamar Smith (R-TX) as reported by Cnet), the bill would drastically tighten current laws and close some of the "loopholes" that the RIAA and MPAA think exist now. Of course, what they call loopholes, we call Fair Use.

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Read more here:
http://arstechnica.com/news.ars/post/20060424-6660.html

My reactions:

This is a topic in which I spend a lot of time thinking about. Actually I'm at University right now preparing for a law degree so as to work with international copy protection laws.

Primarily I’d like to deal with the RIAA stand point on music sales and stringent insistence of their copy protection standards. While they do, with out a doubt, over look any sort of possibility of investing with new technologies by getting in on the ‘ground floor’ to ensure a safe, legal, consistent, and profitable digital future, the RIAA has artists rights in mind. Now keep in mind that the methods upon which this institution has approached this has been a bit of a problem. They sue children.

So by suing children what does the RIAA accomplish? Do they set an example for the rest of the consumer market? Possibly, the statistical evidence isn’t the strongest but nor is it totally lacking. What they are doing with out any real argument is forcing an otherwise law abiding population into breaking laws. So children are growing up with breaking laws which results in a mind set that such activities are OK and excusable. Which they are not.

Why is it not excusable to download music with out payment? The answer is far from simplistic yet is very interesting nevertheless. To simplify it to an extent for non legal conversational purposes the issue begins with globalization. No longer will the economies of the super power nations rest with manufacturing of good, but it will instead shift into the intellectual property of IDEAS of a nation’s citizens. Whether that be artists, scientists, or engineers, the ideas that these people work for need to be protected in order to ensure that nations and individuals will be able to compete in a global market.

The RIAA is in one sense accomplishing this goal. They understand that intellectual property is the wave of the future and is vital, yet they are alienating the consumer base which has historically made them profit. What I propose should be done is an educated coalition representing the rights and welfare of the consumer of intellectual goods should appear in front of Washington and members of the RIAA in order to address this problem on many levels. First, the law which is hurting new software and technology. Second, the attitude of the consumer base. And third the method in which records, and all works of intellect, should be sold.

It is with this basic outline with which I, and many others, would like to reform laws concerning this highly important issue.


Issues regarding Fair Use and freedom to use programmes to listen to music on computers and digital audio players is a hot topic. Yet it raises issues regarding the protection of intellectual property. I'd like to have a nice lenghthy ontopic discussion with the members of this board upon this topic.
 
Intellectual property and copyright infringment are two seperate topics. One is concerned with trademarks, patents, industrial design, trade secrets and copyright. Copyright laws are limited mostly to print and AV media usually but not exclusively for entertainment purposes.

The fair use doctrine held up pretty well but money talks esp to politicians who have no idea what they are making laws about so you get the DMCA. Hollywood essentially wants to make everything like going to the movies, everytime you hear a song you pay for it, you have to play it on their equipment and you have to buy their soda and popcorn.

Isnt much else to say.

19. Dead Kennedys - [Give Me Convenience Or Give Me Death #09] I Fought The Law [2:18] :D
 
Intellectual property and copyright infringment are two seperate topics. One is concerned with trademarks, patents, industrial design, trade secrets and copyright. Copyright laws are limited mostly to print and AV media usually but not exclusively for entertainment purposes.

In order to have a discussion on this topic however, one must deal with issues regarding both copyright infringement and intellectual property. One deals with the other and vice versa. It is rather ignorant to dismiss the idea that they are two separate topics.

The fair use doctrine held up pretty well but money talks esp to politicians who have no idea what they are making laws about so you get the DMCA. Hollywood essentially wants to make everything like going to the movies, everytime you hear a song you pay for it, you have to play it on their equipment and you have to buy their soda and popcorn.

Isnt much else to say.

There is plenty left to say. In fact, it surprises me that you are willing to brush the issue off so easily. Does what you just said not bother you? Having some entity dictate what sort of software and technology I am able to use to enjoy legally obtained media and intellectual property without proper input and discussion between the proper authorities scares me. Laws such as these in the global economy where intellectual property is the wave of future wealth and prosperity are an ever changing and shifting process that need constant attention and maintaining, by members of the community, politicians, and lawyers as well.
 
djduquet said:
There is plenty left to say. In fact, it surprises me that you are willing to brush the issue off so easily. Does what you just said not bother you? Having some entity dictate what sort of software and technology I am able to use to enjoy legally obtained media and intellectual property without proper input and discussion between the proper authorities scares me. Laws such as these in the global economy where intellectual property is the wave of future wealth and prosperity are an ever changing and shifting process that need constant attention and maintaining, by members of the community, politicians, and lawyers as well.
May have been evident from previous posts but my side job is selling gun parts. Next to my computer are the complete gun laws of the US and Canada. US alone numbering some 500,000 laws at the federal level. You could say Im used to being victimized by bureaucracy, you know "bend over here it comes again"?

It's only a matter of time before computers and the internet are as well taxed & regulated as other technology. The MPAA and RIAA each control millions of dollars that no one can stand up to. They will get their way, and copyright infringement will be a felony punishable by 20 years in prison and a $10,000 fine just like all other federal laws. The time for computer technology has simply come. Embrace your RIAA overlords because they will be charging you by the song in the future.

There is something naive about the thought that the 'entity' you mention above would actually consult you or ask for input. Having incompetent people make descisions based on lobbying and special interests is how the american government works.
 
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FlamingGlory said:
It's only a matter of time before computers and the internet are as well taxed & regulated as other technology. The MPAA and RIAA each control millions of dollars that no one can stand up to. They will get their way, and copyright infringement will be a felony punishable by 20 years in prison and a $10,000 fine just like all other federal laws. The time for computer technology has simply come. Embrace your RIAA overlords because they will be charging you by the song in the future.

There is something naive about the thought that the 'entity' you mention above would actually consult you or ask for input. Having incompetent people make descisions based on lobbying and special interests is how the american government works.
That may be well and true yet I want to ensure that the rights of the consumer and the creators of intellectual works will be properly protected. What happened to the America of old where the citizens cared about what happened and took active roles in the governmental system which so much blood has been spilled for? Legalistic issues are not a set stone, but rather a vicious material that can be and is continuously molded and formed as the future and time passes. Why not take a more active role in changing and shaping the future? I suppose that’s all that I’m looking for here.
 
I'm not up for a debate on Intellectual property and globalization, but you said you wanted opinions so this is all my medicine head has to add:

It really friggn pisses me off when I actually spend the $$ on a cd, get it home, and discover it's 'copy protected' so I supposidly can't even rip it onto my mp3 player for my own personal use. And if I try to convert the cd into a format that I can use I would be 'breaking the law'. It's bs. If I go out and buy a dress that doesn't fit quite right, go home and alter it so it fits me I'm not breaking the law. Yet I try and do that with a cd and I could get arrested?! :rolleyes:
 
djduquet said:
That may be well and true yet I want to ensure that the rights of the consumer and the creators of intellectual works will be properly protected. What happened to the America of old where the citizens cared about what happened and took active roles in the governmental system which so much blood has been spilled for? Legalistic issues are not a set stone, but rather a vicious material that can be and is continuously molded and formed as the future and time passes. Why not take a more active role in changing and shaping the future? I suppose that’s all that I’m looking for here.
Bread and circus syndrome. As long the the middle class is relatively comfortable, never has to face danger and nothing the government does effects them too much they just dont care. It's a long slow slide down the rabbit hole :)
 
Pandora said:
It really friggn pisses me off when I actually spend the $$ on a cd, get it home, and discover it's 'copy protected' so I supposidly can't even rip it onto my mp3 player for my own personal use. And if I try to convert the cd into a format that I can use I would be 'breaking the law'. It's bs. If I go out and buy a dress that doesn't fit quite right, go home and alter it so it fits me I'm not breaking the law. Yet I try and do that with a cd and I could get arrested?! :rolleyes:
I couldn't agree more. I could easily go on and on about this but I'll leave it as is unless someone else wants to discuss the issues behind these said discs. But I concur more than I can describe.
 
djduquet said:
I couldn't agree more. I could easily go on and on about this but I'll leave it as is unless someone else wants to discuss the issues behind these said discs. But I concur more than I can describe.
I think we're all pretty pro-fair use here.

The plus side is that technology will keep triumphing over half baked copyright protections. So I can keep my 3000 some odd cds ripped perfectly.
 
FlamingGlory said:
I think we're all pretty pro-fair use here.

The plus side is that technology will keep triumphing over half baked copyright protections. So I can keep my 3000 some odd cds ripped perfectly.
I hate those fucking discs. They aren't even real CDs. Have they never heard of the Red Book? (Or is it orange, crap. Forgot)

The entire thing boils my blood. I'd like to take the legalistic equivalant of a nuclear bomb to the DMCA.
 
Why in the hell is the office of homeland security ever involved with MPAA or RIAA violations?! Until downloading a song kills a few people you have no reason to be involved! I hate crap like that. Let's have the DEA bust people for removing tags from their matresses while we're at it.
 
b_sinning said:
Why in the hell is the office of homeland security ever involved with MPAA or RIAA violations?! Until downloading a song kills a few people you have no reason to be involved! I hate crap like that. Let's have the DEA bust people for removing tags from their matresses while we're at it.
I like the way you think.
 
djduquet said:
I hate those fucking discs. They aren't even real CDs. Have they never heard of the Red Book? (Or is it orange, crap. Forgot)

The entire thing boils my blood. I'd like to take the legalistic equivalant of a nuclear bomb to the DMCA.
red book is the music cd type. Most of the copyright protected discs are released red-book compliant somewhere, you just have to look for them.
 
I tried to play my purchased copy of Advent Children in my PC last night, and when MediaPlayer opened up and loaded, it said it couldn't play the DVD due to DMCA protection. So I loaded it in my pirated copy of Nero Showtime instead and it worked just fine. FU microsoft.
 
bast_imret said:
I tried to play my purchased copy of Advent Children in my PC last night, and when MediaPlayer opened up and loaded, it said it couldn't play the DVD due to DMCA protection. So I loaded it in my pirated copy of Nero Showtime instead and it worked just fine. FU microsoft.
That is out? OMG!
 
Ya. Got mine at local Walmart and they had plenty. Pandora said that the Best Buy by them was sold out by the time she got out of work. So if you can't find a copy at an electronics store, try a walmart, kmart, or target.
 
bast_imret said:
I tried to play my purchased copy of Advent Children in my PC last night, and when MediaPlayer opened up and loaded, it said it couldn't play the DVD due to DMCA protection. So I loaded it in my pirated copy of Nero Showtime instead and it worked just fine. FU microsoft.


Is it Dubbed or subtitled?
 
bast_imret said:
Ya. Got mine at local Walmart and they had plenty. Pandora said that the Best Buy by them was sold out by the time she got out of work. So if you can't find a copy at an electronics store, try a walmart, kmart, or target.

We spent all night going to all those places. We finally lucked out at Wally World. They had several empty spots for it on the shelf and only a few copies left. I almost had to choke a beotch who's cart was in my way. Fortunatly for her she moved in time.

But to stay on topic, I being a mostly law abiding citizen have been waiting to see this movie for what seems like forever. I could have downloaded it illegally months ago like other people. However I've never felt comfortable with shoplifting and the like, so I waited. So when I ran to Bestbuy yesterday and they were out of stock I got pretty ticked. You actually play by the rules and you get shafted?! People that do break the rules and download illegally, have the edge. And in this information age that edge is a big advantage. Anyway...it just doesn't seem fair.
 
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Meh, if it goes through I'll have to start mugging old ladies and robbing banks for money because music has gotten too hard to steal.