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Daisy Girl
~ Abstract Brain ~
Belize
5305 Posts |
 Posted - 10/05/2004 : 10:22:51
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This article appears in this month's Wired mag. I am so happy that someone typed it in by themselves so I didn't have to.
Anyway given the interest on this forum of technology and the patriot act... I thought this would be of interest as well.
http://blogoehlert.typepad.com/eclippings/2004/10/keep_your_laws_.html
"Keep Your Laws Off My Technology!" (WIRED)
*Alright everybody, Sen. Hatch says rip out those CD Drives!
5 reasons why Congress shouldn't pass the Induce Act - in any form.
By Jeff Howe
"Senator Orrin Hatch has had a lot of bad ideas - and we're not just talking about writing songs with former Beach Boy Billy Hinsche. The part-time tunesmith's worst proposals play out on Capitol Hill, where the Utah lawmaker is known as Hollywood's best buddy. The latest example: the Induce Act, legislation that could criminalize any technology that facilitates copyright infringement - from iPods to email apps. In theory, Hatch says, only "bad guys" - mostly file-swapping services like Grokster - would be subject to lawsuits and prosecution. In reality, the law would harm the tech industry and leave software pirates unscathed. The act, headed for a vote this fall, is backed by leaders in both parties; handicappers say it will pass in some form. It's not too late to change course. As one of Hatch's ditties puts it, "The Answer's Not in Washington." Five reasons his proposed law needs to die:"
1. It discourages innovation For a guy who hates frivolous lawsuits, Hatch sure knows how to induce them. His bill would open the litigation floodgates, allowing copyright holders to sue anyone with "intent to induce infringement." The law is designed to outflank the Supreme Court's so-called Sony Betamax decision of 1984, which says that tech products can't be outlawed simply because they could be used to infringe copyright. Opponents say the Induce Act would open the makers of MP3 players and DVRs to lawsuits. But the bill's sweeping scope would have a far more pernicious effect, quashing innovative products before they ever get to market. The act would effectively give the content industry veto power over new technology.
2. It threatens email, browsers, even Google
Ostensibly aimed at file-sharing companies like Kazaa, Grokster, and Morpheus, the Induce Act fails to recognize the gray area between a standard-issue P2P app and a search engine like Google, which is built on a communal exchange of links. Just listen to what Hatch's former chief of staff, Kevin McGuinness, said when he testified against the bill this summer: Induce "purports to be a simple legislative fix to complex online problems. [But] email, instant messaging, search engines, Web browsers, and broadband are basically peer-to-peer platforms."
3. It scares former proponents
The Business Software Alliance - which represents industry powerhouses like Microsoft and Symantec - loses billions to piracy every year, so it made sense that BSA president Robert Holleyman originally supported the bill. But it turns out Holleyman didn't poll the members of his own trade group. When he did, the BSA did an about-face, asking senators for "clarifications" in the bill's language.
4. It ignores reality
Even if Big Media uses the Induce Act as a sledgehammer to bludgeon leading P2P platform Kazaa out of existence, file-swapping will continue almost unabated. P2P tracking firm BigChampagne says that an increasing number of file-swappers use open source software like eDonkey and BitTorrent. These noncommercial apps are written by teams of anonymous coders, then released into the ether to grow or shrivel according to demand. Attorney General John Ashcroft can raid all the small-time hubs he wants, but he's too late: More than 300 million people are already file-sharing.
5. It delays the inevitable
The most promising road out of this copyright holder's nightmare: a collective licensing agreement like the one used by broadcast radio. The Electronic Frontier Foundation says that tacking a user fee of only $5 a month onto ISP bills would net the content industry $3 billion annually in almost pure profit. Even label execs admit - off the record, of course - that they're preparing for this contingency. But that doesn't mean they won't do everything they can to fight it in public. Consider the Induce Act one more act of desperation.
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Edited by - Daisy Girl on 10/05/2004 13:46:37 |
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VoVat
>> Denizen of the Citizens Band <<
USA
9168 Posts |
Posted - 10/06/2004 : 17:26:03
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Isn't the point of copyright law to encourage the creation and spread of ideas?
Wouldn't this law also affect VCRs and photocopiers, or are they somehow exempt?
"Signature quotes are so lame." --Nathan |
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mun chien andalusia
= Quote Accumulator =
Italy
2139 Posts |
Posted - 10/07/2004 : 11:14:47
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who cares? law or not law p2p is out there and there is nothing they can do about it. now people can choose what to buy before throwing away 20 euros. we all know that fans buy so no harm is done to the artists that really have a solid fan base, not our fault if they want to shove us with one hit wonders in absurd prices. it's called autodefensa digital. fuck the majors, fuck those who try to rip you off. they still sell they just want more and more. if they didn't give robbie williams 80£ for 5 albums and if they didn't charge a 20cent cd 20$ they would be happy too. technology is meant to liberate you not to enslave you in some new way. buy your favourite artist's albums but don't pay for lousy mp3's.
 join the cult of errol\and you can have a beer\without having to quit smoking
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Stuart
- The Clopser -
China
2291 Posts |
Posted - 10/08/2004 : 07:00:13
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There has been news in the UK in the last day that Record companies are going to start suing people for downloading tunes... however they never mention Soulseek... always KaZaa... I heard that people who use soulseek are untraceable, is this correct?
Just the good ole boys, never meaning no harm,
that all you ever saw
been in trouble with the law,
since the day they were born |
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mun chien andalusia
= Quote Accumulator =
Italy
2139 Posts |
Posted - 10/08/2004 : 09:26:59
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actually noone is untraceable. soulseek is not mentioned because it hasn't the amount of users that has kazaa. the problem is not technical but legal. they can trace you but they can do you nothing since they would have to admit in court that they illegaly hacked into your PC to make certain that you are dling illegal stuff since you could dl your friend's band's demo for what they know. second they can't associate an ip to a physical person without the ISP's permission which is highly ILLEGAL since violates any sense of privacy. they can only eat poo (at least in europe)
join the cult of errol\and you can have a beer\without having to quit smoking
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the tolerant
= Cult of Ray =
298 Posts |
Posted - 10/08/2004 : 10:40:21
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In our papers today they say 28 users are being sued by the BPI (British Phonographic Industry) for uploading tracks. Apparantly the "uploaders" have not yet been contacted, and are "major" offenders, uploading thousands of songs.
oh, and apparantly the artists regularly downloaded for nothing are Usher, Outkast, Avril Lavigne and the Pixies.
i dont know where they got there stats from but a mention all the same. |
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n/a
deleted
4894 Posts |
Posted - 10/08/2004 : 17:37:41
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yeah I'm just reading that, one member of my family does a big lot of download in mirc so I don't know wether to worry or not, I don't actually ever have to buy CD's cos they copy me a million, I still do though just because of the obsessive nature of my CD hoarding and the fact I want my money to go to good bands, at least I can be more selective, none of that buying the shit album 'cos the single was good (damn the rapture damn them to hell)
I look like the kind of guy who pimps his sister not just for the money, but because he hates her
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Keep your laws off my technology!!!!
