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LAT: File-Share Firms Face Tough Senate Fight (iPod liable under bill?)

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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 07:30 AM
Original message
LAT: File-Share Firms Face Tough Senate Fight (iPod liable under bill?)
CALIFORNIA
File-Share Firms Face Tough Fight in Senate
Powerful sponsors are behind a bill that would make it a crime to help people commit piracy.

By Jon Healey, Times Staff Writer


File-sharing companies that beat back an entertainment industry lawsuit now face a potentially stronger foe: the industry's lobbyists in Washington.

A three-judge federal appeals panel ruled Thursday that the companies behind the Grokster and Morpheus online networks weren't liable for the illegal copies of music and movies their users make.

The record labels and Hollywood studios that brought the suit are expected to appeal. In the meantime, their lobbyists are taking the case against file-sharing companies to the 10 Republicans and nine Democrats on the Senate Judiciary Committee.

The lawmakers are mulling over a bill that could enable copyright owners to exterminate most of the companies distributing popular file-sharing programs. The Inducing Infringement of Copyrights Act of 2004 would make firms liable if they intentionally helped or prompted people to commit piracy....

***

Critics say the bill is so vague that it would invite lawsuits against the developers of even noncontroversial products such as Apple Computer Inc.'s iPod digital music player, whose large storage capacity may encourage illegal music downloads. As a result, critics say, it would increase the entertainment industry's influence not only over how products are marketed but also over what features they include....

***

Opposition to the bill from consumer electronics companies, technology firms and public interest groups was so strong that sponsors of the bill have scrambled to find a compromise....With time running out in this year's legislative session, sponsors are expected to move ahead with some version of the bill, consensus or not. And the list of sponsors reads like a who's who in the Senate: In addition to the chairman and top Democrat on the Judiciary Committee, it includes Senate Majority Leader Bill Frist (R-Tenn.) and Minority Leader Tom Daschle (D-S.D.)....


http://www.latimes.com/business/la-fi-induce21aug21,1,3999947.story?coll=la-home-business
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demon67 Donating Member (368 posts) Send PM | Profile | Ignore Sat Aug-21-04 07:37 AM
Response to Original message
1. Why, oh why?
Why are Democrats continually on the wrong side of this debate? The repubs, I would expect. By why must the Democrats also get in bed with the huge corporations who monopolize the music industry, shove Britney Spears down our throats at $20 a disc and file lawsuits against 12 year-old girls? Is there no one brave enough to stand up to these companies?
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Devils Advocate NZ Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 07:40 AM
Response to Reply #1
2. It's got nothing to do with bravery, and everything to do with bribery...
Those campaign ads don't pay for themselves...
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 07:43 AM
Response to Reply #1
3. I actually have friends, liberal on every other issue, who are actors...
and support musician friends on this. I don't agree, but that is something that could also affect Dem support -- the Hollywood community.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 07:53 AM
Response to Reply #3
4. The answer is NOT to prosecute end-users...
...but to digitally code copyrighted intellectual property and make it difficult to make copies.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 05:46 PM
Response to Reply #3
8. Performing Musicians vs Studio Musicians
The overwhelming majority of performing musicians I speak to see file-sharing as a good thing for them. Out of about 40 I've quizzed, some well known, some not so much, only 1 person has ever expressed fear of trading, and that because he fears people will DL a whole album and not buy a copy.

Musicians who mostly work in the studio, hired hands who don't tour are the ones who are most hurt by file sharing. It's a catch-22; they stay in one place and work in the studios because they don't want the ragged, risky lifestyle of those who live out of a van or bus.

God bless the Hollywood community for their pointy liberal heads, but the human race survived without the entertainment industry and had its culture without them for millenia. It's great to be able to make a living off of your artistic talents, but that doesn't give you the right to control distribution and strangle culture in the process.
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 08:18 AM
Response to Original message
5. This outlaws Silly putty! - Amazing - EFF/Yale Law detail below
Edited on Sat Aug-21-04 08:19 AM by papau
http://action.eff.org/siteapps/advocacy/index.aspx?c=esJNJ5OWF&b=124605&ievent=59502&action=705&template=x%2Eascx

Right now, under the Supreme Court's ruling in Sony v. Universal (the Betamax VCR case), devices like the iPod and CD burners are 100% legal -- not because they aren't sometimes used for infringement, but because they also have legitimate uses. The Court in Sony called these "substantial non-infringing uses." This has been the rule in the technology sector for the last 20 years. Billions of dollars and thousands of jobs have depended on it. Industries have blossomed under it. But the Induce Act would end that era of innovation. Don't let this happen on your watch - tell your Senators to fight the Induce Act!

The U.S. Senate recently passed the PIRATE Act, which is similar to the Piracy Deterrence and Education Act (PDEA, HR 4077). Since there is no official House version of PIRATE, all eyes are now on PDEA. If you haven't already done so, please consider asking your friends, family, and co-workers to tell their reps to oppose this bill. Thank you for your support.

You may not agree with the recording industry's war on file sharing, but under the Piracy Deterrence and Education Act (PDEA, HR 4077), you'd still have to pay for it. The PDEA would create the first criminal copyright penalties for people who aren't engaged in willful criminal conduct. Under the law's murky "negligence" standard, a person with 1,000 legally obtained songs could be sent to jail for three years if she fails to lock them up tight enough - and that's only for the first offense. In addition, the PDEA would force the government to push a lopsided "education" campaign that demonizes P2P while failing to mention your rights to use copyrighted material. To top it off, all of this would be funded with your tax dollars. Tell Congress to reject the PDEA and explore solutions that pay artists rather than punish people.

The Top 50 Silliest Uses for Silly Putty =
29 Use it to make copies when you have no quarters for the copy machine. -- Anne G., Vienna, Va. = to be outlawed by Senator Orin Hatch

DMCA allows no circumvention to make copies, even with a fair use of the underlying copyrighted material - This means that the lifetime of the storage media is the lifetime of the software..

http://research.yale.edu/
http://research.yale.edu/lawmeme/
http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1549
Ernie Miller's Guide to the INDUCE Act

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Inducing Infringement4of Copyrights Act of 2004’’.

SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT IN-6FRINGEMENT.
Section 501 of title 17, United States Code, is8amended by adding at the end the following:9O:\COE\COE04694.LC

S.L.C.‘‘(g)(1) In this subsection, the term ‘intentionally in-1duces’ means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then5reasonably available to the actor, including whether the activity relies on infringement for its commercial viability. ‘‘

(2) Whoever intentionally induces any violation8identified in subsection (a) shall be liable as an infringer.‘‘

3) Nothing in this subsection shall enlarge or diminish the doctrines of vicarious and contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.’’.

O:\COE\COE04694.LC
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 05:21 PM
Response to Reply #5
7. Thanks for posting this, papau --
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 06:11 PM
Response to Reply #7
10. Thanks for the thanks! :-)
:-)
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JM Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 08:23 AM
Response to Original message
6. On a higher level...
...isn't this setting a different precedent?

As I understand this, what they are saying is a file-sharing network on the face is legal, but the network should be penalized because a user uses the product outside the scope to commit an illegal act.

If that is the argument, then GM could be sued for the actions of a drunk driver, and gun manufacturers could be sued for murder.

JM
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Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 06:03 PM
Response to Original message
9. Collective punishment. One of the hallmarks of Fascism. (nt)
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