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Congress Declares War on File Leakers

timothy posted more than 9 years ago | from the man-v-the-state dept.

The Internet 1345

An anonymous reader submits "Bush is expected to sign a law that essentially makes it a crime punishable by up to three years in jail for a user to put a single 'copy of a film, software program or music file in a shared folder and should have known the copyrighted work had not been commercially released.' Whichever side you're on in the copyright debate, you have to agree this legislation is draconian and excessive, to say the least."

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Free Thinkers Declare War on the RIAA (4, Insightful)

TripMaster Monkey (862126) | more than 9 years ago | (#12295002)


Just when we think it can't get any worse, we see this sort of crap:

From the article:


File-swappers who distribute a single copy of a prerelease movie on the Internet can be imprisoned for up to three years.


Nice. Our President lies to us about weapons of mass destruction and drags us into an unjust war that has cost thousands of Americn lives, but I'm the felon.

And look how they got this thing passed...it rode in on the coattails of this:

Also from the article:


The bill's supporters in Congress won passage of the prison terms by gluing them to an unrelated proposal to legalize technologies that delete offensive content from a film. That proposal was designed to address a lawsuit that Hollywood studios and the Directors Guild of America filed against ClearPlay over a DVD player that filtered violent and nude scenes. (ClearPlay had gained influential allies among family groups such as the Parents Television Council and Focus on the Family.)



Honestly, why are we stealing this crap anymore? Especially as the three most popular movies currently are Hitch, The Pacifer, and Be Cool (thanks to www.the-numbers.com)? Why do we waste our time and endanger our freedom?

Well, I say, it's time to stop. Not just stop pirating mainstream movies, but stop watching them altogether. There's plenty of content to be found out there on the Web (AtomFilms [atomfilms.com] and INetFilm [inetfilm.com] come to mind).

Show the RIAA that we are not sheep. Show them that we don't need to see the latest Keanu Reeves travesty. Show them we're tired of their shit. Don't see their movies. Don't pirate their movies. Don't have anything to do with their movies. If enough of us shake off the yoke, it will make a difference.

Re:Free Thinkers Declare War on the RIAA (-1, Troll)

Anonymous Coward | more than 9 years ago | (#12295043)

Mod: -1, Clueless

Re:Free Thinkers Declare War on the RIAA (0)

Anonymous Coward | more than 9 years ago | (#12295048)

Well put.

They only understand $$$ so hit them where it hurts.

Honestly, can't you wait a year to watch the crap on Showtime or HBO.

Or pay $3 to watch it a few months earlier on PPV.

Re:Free Thinkers Declare War on the RIAA (-1, Redundant)

Anonymous Coward | more than 9 years ago | (#12295061)

It never ceases to astonish me how people who came up with "Hey, instead of stealing movies and movies I don't want, why not just ignore them!" manage to work up so much pomposity over it. You'd think this guy had just proved P = NP.

So boycott what we steal? (0, Troll)

Anonymous Coward | more than 9 years ago | (#12295062)

So you're saying that not only should we stop stealing movies, but we should stop WATCHING the movies that we've stolen, too!

I don't think that would bother them much.

Re:Free Thinkers Declare War on the RIAA (1, Insightful)

Anonymous Coward | more than 9 years ago | (#12295063)

And we're modding up a guy that doesn't know the difference between the RIAA and the MPAA, why exactly?

Re:Free Thinkers Declare War on the RIAA (3, Funny)

DaHat (247651) | more than 9 years ago | (#12295112)

Sad that it took 6 AC's to point that out.

Please review text before trolling (4, Interesting)

operagost (62405) | more than 9 years ago | (#12295064)

I'm a regular Pollyanna, I know ...

[S.167.RH] [loc.gov]

Re:Free Thinkers Declare War on the RIAA (1, Insightful)

Anonymous Coward | more than 9 years ago | (#12295067)

Nice. Our President lies to us about weapons of mass destruction and drags us into an unjust war that has cost thousands of Americn lives, but I'm the felon.

Yeah, pretty much. You don't get to go crazy-go-nuts just because you think someone else is a liar and a warmonger.

I think you're a tool, so it's ok for me to duplicate your house keys. Right?

Re:Free Thinkers Declare War on the RIAA (3, Insightful)

jim_v2000 (818799) | more than 9 years ago | (#12295088)

"Show the RIAA that we are not sheep. Show them that we don't need to see the latest Keanu Reeves travesty. Show them we're tired of their shit. Don't see their movies. Don't pirate their movies. Don't have anything to do with their movies. If enough of us shake off the yoke, it will make a difference"

I don't know, but how about showing them we're not thieves and stop "sharing" music/movies/software or anything else that we don't have the rights to.

Of course, we have enough laws that should deal with this already without needing a new one, but oh well. Personally I believe that this is a case of only the lawless need fear the law.

Re:Free Thinkers Declare War on the RIAA (-1, Troll)

Anonymous Coward | more than 9 years ago | (#12295092)

but I'm the felon.
No, you're an idiot. Stop stealing movies, loser.

Re:Free Thinkers Declare War on the RIAA (1, Insightful)

Soporific (595477) | more than 9 years ago | (#12295102)

Rapists can get less time than this...

~S

Re:Free Thinkers Declare War on the RIAA (4, Insightful)

jim_v2000 (818799) | more than 9 years ago | (#12295169)

Rapists can get less time than this...

Then maybe rapists should get more time.

Re:Free Thinkers Declare War on the RIAA (4, Insightful)

lgw (121541) | more than 9 years ago | (#12295114)

Bush-bashing aside, you make a good point. If you absolutely *have* to have a copy of that DVD (or CD), buy it used. If you can't stand to live without it, that's a valid option. Otherwise, why even pirate this crap?

How many people feel that George Lucas raped their childood memories, yet will line up to hand him money?

Of course, if this trend continues, there will be less jail time for shooting an MPAA executive in the face than for leaking a screener, and the fall-out from *that* should be entertaining.

Re:Free Thinkers Declare War on the RIAA (1)

DroopyStonx (683090) | more than 9 years ago | (#12295122)

Honestly, I'd rather just continue to download the free content while giving them the finger, grinning as they can't do SHIT to me ;)

See, they're talking about DISTRIBUTING, not downloading.

Re:Free Thinkers Declare War on the RIAA (1, Interesting)

Anonymous Coward | more than 9 years ago | (#12295157)

A boycott can't be the only answer. Content distributors have distorted the meaning and legal framework of copyright far beyond the intent of the country's founders, finally with Chimpy moving from the civil to the criminal arena it changes the foundations of society. Sharing has been replaced with litigation. And for what? Hollywood profits? Future generations will revile us for it.

Re:Free Thinkers Declare War on the RIAA (5, Insightful)

0x461FAB0BD7D2 (812236) | more than 9 years ago | (#12295167)

Wait. We're "stealing" this crap? You dismiss the **AA's techniques, actions and beliefs, but use their terminology? No one is stealing anything, contrary to popular belief.

I'm sorry, but the stuff on AtomFilms and so on are not on the par of quality movies like Merchant of Venice. Sure, there's a ton of crap released by Hollywood annually, and people ignore that anyway, because it is crap. But online movie content is no replacement for a good movie.

The fact remains that many people would go to the cinemas if they weren't that pricey and anally-retentive about food and so on. And don't get me started on cell phones.

In any case, if we were sheep, we wouldn't be "stealing".

Re:Free Thinkers Declare War on the RIAA (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#12295177)

Our President lies to us about weapons of mass destruction

...if you believe that, then you must also realize that John Kerry, John Edwards, Al Gore, Bill Clinton, Hillary Clinton, Ted Kennedy, Dick Gephardt, and many other liberals all lied about weapons of mass destruction too.

But then again, merely saying "Bush lied about WMD" is guaranteed to get any post at least +2 mod points on slashdot.
Need Karma? Just mention "Bush lied about WMD" anywhere in your post, regardless of the topic. It's Amazing, and it Works!(tm)

Re:Free Thinkers Declare War on the RIAA (-1, Troll)

jellomizer (103300) | more than 9 years ago | (#12295185)

You sound like everyone else who calls them selves liberal. You can be sheep who follows the establishments you can be sheep who goes against the establishment. There are both sheep, they go in different directions. Blame the consertives and then say the population is stupid. This is a borring argument. No wonder the world is moving to consertivitism the liberal arguments are very tiring.

Sue the President! (1)

ShaniaTwain (197446) | more than 9 years ago | (#12295195)

for those illegal MP3s! He should have known!

there's no excuse for piracy! [downhillbattle.org]

Re:Free Thinkers Declare War on the RIAA (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#12295197)

the war is very just.
unless you dont give a fuck about millions of people that were murdered.

and what does your diatribe about bush have to do with anything. oh yeah, a lost their way democrat that needs to slam bush to make themselves atleast feel important seeing as how they are not now.

Draconian? (4, Interesting)

Jhon (241832) | more than 9 years ago | (#12295004)

Whichever side you're on in the copyright debate, you have to agree this legislation is draconian and excessive, to say the least."
I don't think its draconian. To me, it seems that if You release a copywrited work without authority BEFORE it's commercial release it's a FAR larger crime than ripping and sharing the latest DVD release or previously broadcast TV show.

Why? The damages are greater to the copywrite holder.

Yes, I believe copywrite law is being abused (by both the (c) holder AND the (c) violator) -- however, this doesn't appear to me to be an abuse...

What is "commercial release" (1)

SuperKendall (25149) | more than 9 years ago | (#12295095)

The problem I have is that sharing a TV show after air date, but before a DVD is issued, could be covered in the same way. Should sharing the latest episode of Survivor lead to three years in jail? I think not.

Re:Draconian? (4, Insightful)

TheFlyingGoat (161967) | more than 9 years ago | (#12295110)

Additionally, keep in mind it's a 3 year maximum penalty. As most crimes go, prosecutors will often push for the maximum and then accept far less in a plea bargain.

A good example is possession of a concealed weapon. In Wisconsin it's illegal to do so, but a man recently used a concealed weapon to protect himself from some guys trying to rob him. Although he was breaking the law, the district attorney didn't even press charges. Based on the law he COULD have gotten prison time, but it was never even considered.

The maximum penalty for any law exists for the most extreme violators of that particular law. Just like the death penalty, it's not applied to every situation, just the extreme cases.

Re:Draconian? (1, Insightful)

Anonymous Coward | more than 9 years ago | (#12295143)

Great. Someone sneaks out Star Wars episode III and spoils all the secrets, they get 3 years of prison time along side the pedophiles, murderers, drug pushers, drug users, con artists (wait, scratch that... so far CEOs seem to be escaping prison terms unless someone wants to make an example of you), many of whom will have a shorter "first-offence" prison term.

Clearly in the grand scheme of things 3 years og good ol' pound-me-in-the-ass prison sounds like the perfect punishment for letting everyone know that The Revenge of the Sith sucked ass and saving them from throwing away their money.

COPY*RIGHT* (0)

Anonymous Coward | more than 9 years ago | (#12295152)

The word is "copyright" ... "copy" "right" ... the "right" to "copy" ...

ugh. where do people get "copywrite" from anyway???

Re:Draconian? (1)

gl4ss (559668) | more than 9 years ago | (#12295158)

ehh. 3 fucking years in jail.
you can get easier on fucking rape in most places.

is it THAT bad a thing, to share a fucking movie? worse than beating up someone?

easy to dupe people into it, too.

First post? (-1, Offtopic)

AttilaSz (707951) | more than 9 years ago | (#12295007)

Maybe I was lucky?

Re:First post? (0, Offtopic)

AttilaSz (707951) | more than 9 years ago | (#12295051)

Nope... somebody mod me offtopic :-)

Can't wait to see... (5, Insightful)

daveschroeder (516195) | more than 9 years ago | (#12295008)

...how the countless "shared folders" containing "prerelase copyrighted works" on untold numbers of compromised Windows boxes on university campuses will be handled...

We get semi-automated C&D orders from content owners routinely as it is; will they now begin to insist on the involvement of university police or other agencies?

Yeah, there are computer security issues to work out, but on a fundamentally open public research campus with tens of thousands of computers, not all of them will be perfectly protected.

I'm on the wrong side of /. groupthink (2, Insightful)

Neil Blender (555885) | more than 9 years ago | (#12295009)

And I don't think this is draconian at all.

Re:I'm on the wrong side of /. groupthink (0)

Anonymous Coward | more than 9 years ago | (#12295120)

its just cause your not paranoid enough. The way i think slashdotters see this, is not so much this will be used to get those guys who distribute movies and games before they hit the shelves because they already had the authority to go after people and that the evil *aa will use this in unforceen(?sp) ungodly ways to get at those who pose a threat to their buisness model. At least thats what Im guessing.

Priorities in the Post 9/11 World (0, Troll)

Flywheels of Fire (836557) | more than 9 years ago | (#12295012)

US$7 trillion isn't.

Loading salad [mithuro.com] at a restaurant before paying is a crime.
But Selling children for sex [insightmag.com] isn't.

I feel so glad that Bush is the President of US in this Post 9/11 world.

Re:Priorities in the Post 9/11 World (0, Troll)

Flywheels of Fire (836557) | more than 9 years ago | (#12295034)

Sharing a file on the internet is crime.
But Stealing US$7 trillion isn't. [motherjones.com]

Loading salad [mithuro.com] at a restaurant before paying is a crime.
But Selling children for sex [insightmag.com] isn't.

I feel so glad that Bush is the President of US in this Post 9/11 world.

Re:Priorities in the Post 9/11 World (-1, Troll)

Anonymous Coward | more than 9 years ago | (#12295109)

Most republicans are christians. To them, having sex with children is perfectly OK. What did you expect?

Re:Priorities in the Post 9/11 World (0)

Anonymous Coward | more than 9 years ago | (#12295044)

interesting. thanks for the links.

Re:Priorities in the Post 9/11 World (1, Redundant)

Flywheels of Fire (836557) | more than 9 years ago | (#12295076)

You are welcome

I made a mistake in the original post. Please check the reply I made to myself.

The facts (3, Informative)

Flywheels of Fire (836557) | more than 9 years ago | (#12295194)

I don't know how this qualifies as a troll.

Kenneth Lay stole US$7 trillion from Enron and he gets off scott free WITH the money while the employees have all lose their pensions. But the poor guy who shares a file ends in jail.

Dyncorp sells children for sex in the Balcans, but thanks to their friend Rumsfeld, they get off scott free. But the guy in Colorado who loads a plate of salad at a salad bar at a Chuck E. Cheese gets beaten up by the police.

These are facts.

"Common Carrier" - what about sites that host it? (4, Interesting)

xmas2003 (739875) | more than 9 years ago | (#12295013)

The submission uses the term "user" and the article (yes, I did RTFA) doesn't clarify what happens if the offending data is placed on a public web site - i.e. uploaded to a forum. I also look at the actual bill - the Family Entertainment and Copyright Act [loc.gov] but was not able to figure the answer out. So is there a "common carrier" defense for those web site that perhaps unknowingly carry stuff?

Enjoyed my fun little christmas hoax [komar.org] - help me do it for real! ;-) [komar.org]

There's a big diff between prerelease and (1)

winkydink (650484) | more than 9 years ago | (#12295016)

released. I think a case can be made that leaking pre-release movies, for instance, can cut into box-office sales. I can see a similar, though weaker, argument for music.

The punishment does indeed seem draconian, in any event.

Re:There's a big diff between prerelease and (0)

Anonymous Coward | more than 9 years ago | (#12295182)



released. I think a case can be made that leaking pre-release movies, for instance, can cut into box-office sales. I can see a similar, though weaker, argument for music.



A movie, or a piece of music, usually is still in a pre-released state in some countries long after it has been released in some other countries. Or there is a new, slightly different version, a director's cut, a remix, whatever.

Then, the are all those bootlegs from "illegal" recordings made at concerts. Certainly not publicly released. OTOH, the concerts typically are never publicly released. So what happens if a user shares one of those bootlegs? Does he now face up to three years depending on whether the record company decides to ever publish that concert, or not? Sounds absurd to me.

Thomas

context and Indie Distribution (2, Interesting)

Travelsonic (870859) | more than 9 years ago | (#12295026)

An anonymous reader submits "Bush is expected to sign a law that essentially makes it a crime punishable by up to three years in jail for a user to put a single 'copy of a film, software program or music file in a shared folder and
should have known the copyrighted work had not been commercially released.' Whichever side you're on in the copyright debate, you have to agree this legislation is draconian and excessive, to say the least."
So, does this mean that having indiependent or other artists who have music sold on CD, but also has free tracks to download come to an end if this is enforced in the context I read it as?

Re:context and Indie Distribution (0)

Anonymous Coward | more than 9 years ago | (#12295150)

The law is enforced based on the text of the legislation, not on the text some illiterate submitted to Slashdot. But even if that weren't the case -- no, your interpretation makes absolutely no sense.

Bush's "shared folder" (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#12295027)

\|/
-*-
/|\

The lameness filter is lame.

I hope they will be specific enough... (1)

mrjb (547783) | more than 9 years ago | (#12295033)

... to limit this to commercial works. I'd hate to go to jail for sharing GPL'd software. Oh wait a minute, I'm in Europe.

Re:I hope they will be specific enough... (0, Offtopic)

Blitzenn (554788) | more than 9 years ago | (#12295190)

"Oh wait a minute, I'm in Europe."

That actually makes it worse for you. The US likes to force extradition. Take you to a third country, like Afghanistan and beat the crap out of you, legally and torture you without anyone knowing. You never get to the US where you have rights. But wait.. I forget.. We actually do that to our own citizen's here too and cover it up, accept where someone catches it happening on camera and gets it to a news station before the police find you. Oh, Forget it, I guess it's a moot point. Your toast whereever you are. It's a matter of whether you want you toast burnt or shoved up your rectum, your choice.

To avert a flamewar... (4, Informative)

tcopeland (32225) | more than 9 years ago | (#12295037)

...please note that Dianne Feinstein, a prominent Democrat, is a co-sponsor [loc.gov] .

Re:To avert a flamewar... (2, Insightful)

DurendalMac (736637) | more than 9 years ago | (#12295165)

The RIAA/MPAA doesn't give a damn what the political parties are, and neither do the politicians. They'll buy out anyone in Washington that can be bought (ie, everyone). This crap is always co-sponsored by Dems and Repubs. Aint bipartisianship grand?

Well... (0)

Anonymous Coward | more than 9 years ago | (#12295039)

There are always clients such as MUTE.

Well, shit. (5, Interesting)

Grendel Drago (41496) | more than 9 years ago | (#12295040)

That's it, I'm going to go shoplift, commit massive fraud against individuals, and torture cute things in full view of the public, because none of that is nearly as bad as filesharing. After all, it only hurts people, not corporations.

John Rowland [wikipedia.org] defrauded the state of Connecticut, and will be serving a measly single fucking year for it. Pimply-faced teenagers will spend more time being rectally plundered by delinquents named "Li'l Dawg" than our esteemed public servant will for racketeering, conspiract, et al.

ARGH!

--grendel drago

Re:Well, shit. (1)

patrickf3 (877624) | more than 9 years ago | (#12295082)

You have to wonder who's paying for this bill. The government is wasting a huge amount of money on stuff like this, when in all reality they need to focus on getting rid of the p2p and torrent garbage. They will never catch the big fish and terminate the illegal pirating game.

Once again, Microsoft to the rescue! (5, Funny)

Anonymous Coward | more than 9 years ago | (#12295050)

Once again, Microsoft saves the day. This legislation is nullified by simply sharing all folders. Thankfully, Microsoft has already done this for us.

\\127.0.0.1\c$

So if I leave my door open ... (2, Insightful)

Monoman (8745) | more than 9 years ago | (#12295052)

So if I leave my door open and someone steals "a film, software program or music" then is it the same?

Re:So if I leave my door open ... (4, Insightful)

angle_slam (623817) | more than 9 years ago | (#12295183)

There is a difference between "leaving your door open" which results in someone stealing your copy of Half Life 2 and putting a CD duplicator in your room and allowing everyone in the world the ability to go into your room and copy it.

Re:So if I leave my door open ... (1)

Nate4D (813246) | more than 9 years ago | (#12295198)

No.

In leaving your door open, perhaps you're being irresponsible, but you certainly weren't expecting someone to steal something from your room.

By putting something in your shared folder, you're implicitly saying, "Hey folks! Look at this! Make a copy if you like!"

At least, in the comp. sci. program at my campus, that's the understood implication, and I think that's the case for most (competent) computer users.

Draconian (4, Interesting)

Blitzenn (554788) | more than 9 years ago | (#12295053)

My god, I hope sooner or later people wake up to what is happening in this country. We have absolutely lost any semblence of 'punishment fits the crime'. How can 3 years in jail be justified by sharing a single copy of a pre-release movie. Granted it's theft, but theft of one $8.00 movie ticket at the most. Even if it is stealing (which I do consider it), three years in jail is just stupidly over-reactionary and overtly excessive. Of course a possible 25 year prison sentence for spamming is right up there too. Sure I hate spam and it pee's me off, but 25 years in jail? Then lump the loss of due process with the DMCA and you start to see a middle ages picture being drawn here. Isn't this what the founding fathers of our country came here to escape?

Re:Draconian (4, Insightful)

barthrh2 (713909) | more than 9 years ago | (#12295156)

How do you get to "one" ticket? Take Mac OSX as an example: How many 1000's of copies were downloaded? As a downloader, the cost of the crime is $8. But as the poster, the cost is far, far, more than that.

The term is a "maximum" not an absolute. You need something sufficiently severe to nail repeat offenders. The current approach of just saying that "If you do that, we will be angry. Very, very angry" is simply not effective in deterring this crime.

Re:Draconian (0)

Anonymous Coward | more than 9 years ago | (#12295200)

Isn't this what the founding fathers of our country came here to escape?

Yes, it is. Unfortunately, the people they were trying to escape from came over later and took control again. Oops.

Re:Draconian (4, Insightful)

spav (36318) | more than 9 years ago | (#12295207)

Yes...we must put the fileswappers and spammers in jail for eternity, but we can let out the sex offenders and murderers out early because of jail overcrowding. Considering two highly publicized killings happened by registered sex offenders in Florida recently, I think putting more people in jail for stupid stuff like this is a great idea!

this can only be good news (1)

Profane MuthaFucka (574406) | more than 9 years ago | (#12295054)

Since Congress has gotten all the way down to working on this crap, that certainly must mean that they have fixed all the OTHER things that were more urgent. It is truly a great day!

Right? Anyone?

This is why we can't have nice things (2, Interesting)

Jailbrekr (73837) | more than 9 years ago | (#12295055)

I download music. I download movies. I also buy music and movies.

Having said that, I agree with this law. Why? Because it is specifically targetting the ones who ARE depriving the studios and artists of revenue. Releasing something that hasn't hit the streets yet SHOULD be illegal. I can only hope that they do not use this as a stepping stone to get all copyright infringement turned into a criminal act, instead of the current civil status.

Legitimate pre-release postings (2, Interesting)

chroot_james (833654) | more than 9 years ago | (#12295057)

I have played in bands for years and my friends have to. Most of them are very techy and post things to share for opinions with other people involved in the process of creating the files that are to be released. Things such as checking mixes or guitar sounds or whathaveyou. Is there any clarification as to what defines the poster and their relation to the work?

This makes no sense. (1, Funny)

Anonymous Coward | more than 9 years ago | (#12295058)

"copy of a film, software program or music file in a shared folder and should have known the copyrighted work had not been commercially released.'"

Reading this makes my head hurt. Hello, editors?

FECAL Act? (5, Funny)

skyryder12 (677216) | more than 9 years ago | (#12295059)

Family Entertainment and Copyright Act (Legislation) sounds like a loda of crap to me...

All In the Family (4, Insightful)

kevcol (3467) | more than 9 years ago | (#12295069)

"Family Entertainment and Copyright Act."

Just write a bill, put 'family' in the title, and it's sure to pass.

Fansubs (1)

1WingedAngel (575467) | more than 9 years ago | (#12295071)

Does this mean that anyone who distributes of a fansub of an unreleased work (i.e. unlisenced anime) is eligible for three years of federal "pound-me-in-the-ass" prison?

Really excessive? (0)

Anonymous Coward | more than 9 years ago | (#12295072)

Remember we're talking about millions of damage (whether slashbots like it or not). Try burning down a dozen houses and see if you get away with less.

What the?! (2, Interesting)

DoubleDangerClub (855480) | more than 9 years ago | (#12295073)

The problem here is that if they get this ball rolling, what's to stop it from becoming about any file in any format?? What about all my free uncopyrighted music, are they going to arrest me and then say, "Woops, sorry."???

We need to stop this.

Radical Judges (1)

razmaspaz (568034) | more than 9 years ago | (#12295084)

Don't worry. Some judge pushing a 'radical agenda' will surely defy the will of congress and strike this law down.

Unfortunately, I am guessing that it will be hard to find grounds to make this law unconstitutional.

Slashdot bias (2, Insightful)

LostCluster (625375) | more than 9 years ago | (#12295093)

Whichever side you're on in the copyright debate, you have to agree this legislation is draconian and excessive, to say the least."

I'll disagree. You have no right to leak an unrelased movie to the Internet. If you've doing that, you are comitting a crime. This law is just upping the penalties for a crime that's being comitted far too often.

Praise God for Bush (-1, Flamebait)

Anonymous Coward | more than 9 years ago | (#12295094)

It is about time we have a President who stands up against the Communist Liberals who want everything to be free.

big whoopie (-1, Flamebait)

Anonymous Coward | more than 9 years ago | (#12295104)

You liberals should know better not to leave files on your computer for download, those files are NOT YOURS. WHY DO YOU EVEN HAVE A PIRATED MOVIE? Get to jail, hippies, do not pass go.

Question (1)

Stormcrow309 (590240) | more than 9 years ago | (#12295105)

I thought RIAA was loosing money due to file sharers. How can they afford PACs and lawyers?

Please don't tell me you're shocked... (4, Insightful)

Ransak (548582) | more than 9 years ago | (#12295107)

With $ [opensecrets.org] like this running our Whitehouse, Senate, etc. no one should be suprised. This is purchased legislation much like what is done in some third world countries. Freedom isn't free - it requires a large donation.

Re:Please don't tell me you're shocked... (0)

Anonymous Coward | more than 9 years ago | (#12295199)

I'm not sure what point you are trying to make. From your link, clearly, the majority of the contributions are being made to Democrats. However, the Whitehouse and Senate are controlled by Republicans.

The public interest is harmed. (1)

Eric S. Smith (162) | more than 9 years ago | (#12295118)

...and should have known the copyrighted work had not been commercially released...

Among other people, this bears on someone distributing incriminating internal documents -- whether memos from a crooked business or the "secret scriptures" of the Cult of Scientology.

wow... (1)

dwpro (520418) | more than 9 years ago | (#12295125)

are you kidding me congress?

anyone who has even one copy of a film, software program or music file in a shared folder and should have known the copyrighted work had not been commercially released....Penalties would apply regardless of whether any downloading took place.

unbelievable...someone please explain how this isn't the case and this is just a sensationalist story

Phenomenal!!!! (4, Insightful)

cOdEgUru (181536) | more than 9 years ago | (#12295128)


Am glad that 14 year old pimple faced - living in the basement - testosterone pumped teenagers are finally owning up to their evil rebellion against the all encompassing entity which is the Movie Industry. Because they clearly have struck a significant blow AND crippled the dying movie industry by rapidly proliferating Gigabytes of digital movie files costing the Producers millions in revenue that they otherwise would have gotten for the spectacular blockbuster family entertainment movies that they consistently bring to the Silver screen. And I sure dont shed a tear for my evil brethren who run the risk of starving every Movie Industry bigwig's ivy league sons and daughters, with blatant disregard for their needs to live better than us souls.

Whats even more Phenomenal is the ability of Family and Faith based groups who rightly believe that they have a god given right to eliminate filth from the minds of us and to drive our youth to the purest form of abstinence and away from depravity. And their inability to comprehend the meaning of an "Off" switch.

Heres a thought. If buying a DVD does not necessarily provide me with the fair use rights to strip out its content and modify/store it to my needs, how does that provide Clearplay with the right to filter out what they deem filthy?

And did anyone notice the name of the Bill - Family Entertainment and Copyright. with names like that, who would want to not pass it.. Save the KIDS!!

And then MPAA had to go out and sneak this one in, like both parties are always notorious for. Sneak something in which would not have stood alone in its own right. Sneak it in and drive it in before we have a chance to respond..

The whole damn K Street is the first one that needs to be cleansed.

New terrorist tactics idea (1)

future assassin (639396) | more than 9 years ago | (#12295129)

Yes you heard it here first, Alqueda will now put unreleased movies into shared folders of suicide bomber computers. When the RIAA comes to get them pooof!!!

The Questions I have are ... (1)

the One and Owenly (877625) | more than 9 years ago | (#12295133)

Just how enforcable is this? and Aren't there other thefts that are a bit more worthy of a Federal law enforcement division?

Foreign-only releases? (1)

crow (16139) | more than 9 years ago | (#12295138)

Does this apply to sharing things that have been released in the UK (e.g., Doctor Who or Battlestar Galactica), but not in the USA?

Foiled Again (1)

jeffvoigt (866600) | more than 9 years ago | (#12295142)

Aww crap, and I was sooo looking forward to catching "Monster In Law" before it hits theaters. http://www.monsterinlaw.com/ [monsterinlaw.com]

What do you expect in George Bush's Amerika? (0)

Anonymous Coward | more than 9 years ago | (#12295149)

Don't do as the Bush Crime Family does, just do what they say.
And don't ask questions, or think freely, or speak out. Just shut up and sit down.

Another Big Brother law (4, Interesting)

isdnip (49656) | more than 9 years ago | (#12295153)

This law works on two levels. Its primary backing, of course, is Hollywood, and they have a decent case that file leaking -- especially review DVDs loaned under nondisclosure -- can undermine their business model. Okay, I get it, though the penalties do look awfully harsh.

But this also appears to apply to anyone who "leaks" information that the owner doesn't really want out there, ever. Without a deadline on the "release" date, material can be embargoed forever. That's how Big Brother can put information into a Memory Hole, and put anyone who lets it out into Room 101. It accompanies the DMCA stream that makes information Go Away Permanently when its DRM is made unreadable: If it's on a short-lived medium (some DVDs and CDs) and can't be copied, or uses a DRM that is time-limited, then once it goes, it goes, and trying to keep the information alive becomes a Crime Against The State. These secondary agendas are not obvious to the mainstream press, but the Fatherland Security Police apparatus is well aware of how these laws can be used against political opponents.

Its a crime to be human in america (-1, Troll)

xoboots (683791) | more than 9 years ago | (#12295168)

More corporate sponsored laws. Fucking crap, you Americans should be ashamed for allowing this sort of thing to continue unabashed and then exporting it to the rest of the world.

If movie studios are so god damn worried about protecting "pre-release" works, then here's a fucking clue: don't distribute until it is "released". They want their cake and they want to eat it too. There are already laws in place to protect copyrighted works, this is just a notch up in the bullying. If America was still for the people, by the people, copyright would have long-ago been revoked.

Good luck with all that.

Rider authors conspicuously absent... (1)

razmaspaz (568034) | more than 9 years ago | (#12295170)

from the article.

"I am pleased that the House has passed this bill, which takes us forward in the fight to prevent the most egregious form of piracy--the illegal copying and unauthorized distribution of 'prereleased' works," Sen. Dianne Feinstein, a California Democrat, said after the vote.

Is the only quote attributed to a member of congress. However she is not named as the author of the rider. Does anyone have any information on who authored the amendement to the bill?

Tips for File Sharing (2, Insightful)

rastin (727137) | more than 9 years ago | (#12295171)

Make sure you fraudulently embezzle millions of dollars prior to sharing that song/movie/prog, that way you can pay for court costs. Also embezzling millions doesn't carry nearly the same penalty as file sharing so the courts may over look it in an effort to get a conviction on the Big Crime!

Only applies to USA, for now (0)

Anonymous Coward | more than 9 years ago | (#12295172)

Movie sharing will just move.

Trafficking in Stolen Goods (2, Insightful)

Mr. Ghost (674666) | more than 9 years ago | (#12295173)

If they knowingly attempt to distribute a film or other media that has not yet been released then they are knowingly trafficking in stolen goods.

I do not see the problem with this. The person attempting to share this does not have fair use rights on the product as they do not have the right to be in possession of the product in the first place.

If the product has already been released then this would be an inappropriate and draconian law as fair use right and all would then come into play.

The cost of imprisonment (1)

NCDave (683654) | more than 9 years ago | (#12295174)

So, what are the stats for how much it costs the govenment to keep a person for a year? Let's be conservative and say $25,000 USD. Now lets multiply that by the number of people who have put an mp3 up for download. How much will it cost the government to fully institute this plan?

The paper clip! (4, Insightful)

mindaktiviti (630001) | more than 9 years ago | (#12295175)

"The bill's supporters in Congress won passage of the prison terms by gluing them to an unrelated proposal to legalize technologies that delete offensive content from a film."

Someone should pass a bill that makes this sort of act illegal. That Simpsons episode where they go to Washington comes to mind. Behold the paper clip!

Shared folders? (2, Funny)

geophile (16995) | more than 9 years ago | (#12295176)

Man, am I glad that I'm using Linux.

Great... (2, Insightful)

Greyfox (87712) | more than 9 years ago | (#12295181)

How about making it a crime punishable by prison for a company to collect or disclose information that could be used to steal a person's identity. Or for a company that fails to take adequate steps to protect that information if they do collect it?

where's the justice (1)

AgentGray (200299) | more than 9 years ago | (#12295189)

In another news...

You can still murder someone and then walk away in 2-4 years.

Sue them! (4, Interesting)

photonic (584757) | more than 9 years ago | (#12295191)

So does this mean that - for a change - the record companies [marketingshift.com] themselves are on the receiving end?? (Linked article claims that major record companies are actively 'leaking' new singles onto popular blogs to get positive reviews.)

Now there's a name... (4, Funny)

nick_davison (217681) | more than 9 years ago | (#12295192)

Has anyone read the article and seen the name of this thing?

the Family Entertainment Copyright Act Legislation

With luck, we'll end up with an enforcement branch being created and the Supreme Court refusing to get involved under the ground, "We feel that, ultimately, copyright control in this country is a F.E.C.A.L. matter."

They do know it's the 20th, no the 1st, right?

yet another law (1)

nashy-nunu (860418) | more than 9 years ago | (#12295193)

written by powerful people to keep their pockets full of money. If that law is in place now, I think all the jails will be filled in a couple of weeks and most of the cases will be with people under 18. This is great America keep it up!

Logical Conclusion (1)

nurb432 (527695) | more than 9 years ago | (#12295196)

Industries wanted it to be a 'true crime', not just a 'civil issue'.

Now they can just use our tax dollars to attack people that aren't really doing anything wrong anyway.

Put more people in jail too.. Raise taxes to support that too..

What is next, credit companies buying a law to virtually eliminate chapter 7 bankruptcy protection?

Its long since time for the next revolution. The grand experiment has failed, it no longer supports or represents the PEOPLE. It now only supports 'big business'.

Not Excessive, Not Harsh (1)

reallocate (142797) | more than 9 years ago | (#12295202)

I'm not especially in favor of criminalizing copyright violations, but a maximum 3-year sentence doesn't seem excessive to me, considering the loss of revenue attributable to the illegal copying and distribution of a major media product. Theft or embezzlement of an equivalent sum would likely merit a longer sentence.

Before the "what's yours is mine" folks jump up and down shouting there's no way to determine how much, if any, money is lost due to leaked products, let em say you can't prove no money is lost. Certainly, the objective of the exercise is to get something for free, so one can logically claim a relationship between downloads and lost revenue.

What about... (1)

sinfree (859988) | more than 9 years ago | (#12295204)

...authors or artists who leak their own material ahead of time to build hype? If they have signed a contract with a record company, would they not then be subject to these pentalties for leaking their own stuff?
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