November 9, 2007
When big business and big government lie down together, their spawn is rarely beneficial to the average consumer.Thus it is with the so-called PIRATE Act, a piece of legislation before the United States Senate. Introduced for the fourth time yesterday (three previous iterations failed to pass), the bill would mandate that the Department of Justice bring civil suits against individual file swappers.
Although criminal prosecutions can already be brought against alleged file swappers, to date the DOJ wisely hasn't gone there.
As Ars Technica notes:
[DOJ lawsuits] could save the recording industry plenty of money and could also displace some of the "bad guy" stigma that the labels have acquired after suing people like Jammie Thomas.
Moreover, the burden of proof is less strict in civil cases, making them easier to win. Said co-sponsor Sen. Patrick Leahy (D-VT, seen at left):
The PIRATE Act has passed the Senate on three separate occasions; this should be the Congress in which it becomes law... Copyright infringement silently drains America's economy and undermines the talent, creativity and initiative that are a great source of strength to our nation. When we protect intellectual property from copyright infringement, we protect our economy and our ideas.
GP: We agree that IP theft is bad. But there's gotta be a better way than the PIRATE Act. The RIAA's legal offensive against individual consumers has been a public relations disaster for the recording industry. And now Leahy and co-sponsor Sen. John Cornyn (R-TX) want DOJ attorneys to do the RIAA's dirty work? At taxpayer expense? Did we suddenly run out of drug kingpins and white collar criminals suddenly?
We should note that several major media corporations are among Leahy's top political contributors, including Microsoft, Vivendi, Disney, and Viacom.



Comments
Basically, unlike how the RIAA likes to paint it, there are two sides to the coin, not one. You have the average person who just wants some songs they want for say an MP3 player, then we got the actual trouble makers who have like five CD burners in a tower. The latter should be punished, not both.
And if you like one song from a band, you shouldn't be forced to get a CD full of songs that you're "meh" about instead of just the song you want.
The 60 days of water part.
The fact is that the music industry is shifting from CDs to singles. With the advent of internet downloads, people realize that they can now pick and choose which songs they want. CDs accounted for a $4.05 billion loss from 2000-2006. Singles, on the other hand, only accounted for $158 million.
As for digital music, though...from 2004-2006, they managed to make $876.2 million, including both singles and CDs, leaving a $3.33 billion net loss.
I didn't have the data for 2007, but according to Apple, they've sold 3 billion songs by July 31. Considering their music averages to about $.99, that's $2.97 billion since its inception. Clearly, there's a surge.
The RIAA may be losing money at the moment, but digital sales are increasing rapidly, and will more than surpass the loss from tangible media...the trends say it all.
I say scrap the whole thing and put the power back where it belongs, in the hands of the people buying the stuff and creating it.. IP should be protected at most for the life of the creator, if they still own the IP rights.. if they sell them, it should be for a set amount of time, at most 10 years. Media companies like Disney, and organizations like RIAA should not be able to gain government support for their absurd concept of ownership over ideas.
I understand that we need to protect artists, but we do NOT need to protect big business... once an artist has given up ownership of their idea, it is purely about money. People have always taken other's ideas and used them as a basis for new ideas... there are very few truly original stories, most are variations on a theme.
When the first cave man painted on a cave wall about a sun he saw rising, the second cave man said "zomg, carebear noob" and painted him and his mates killing something... while the third cave man may well have claimed the image of killing as something that would turn people into homicidal maniacs, he didnt buy it, and beat up the fourth cave man who decided to paint a picture of /his/ friends killing someone.
Maybe the DOJ can find out.
No need to worry about political scandals, rapists, murder, racketeers, terrorists, drug cartels, failing school systems, failing healthcare systems..
Let's GET THE FILE SWAPPERS!
Sorry didn't respond faster but I no longer have the source. It appeared as an article about a month and half ago on Slashdot. It dealt with RIAA's Internet streaming stuff that used to (might still be used) by places like MySpace. But wherever it was used, it collected royalties for Internet radio and would charge artist to be able to collect royalties if they weren't signed up to the RIAA.
"Copyright infringement silently drains America’s economy"
Whatever small amount of money filesharing might drain out of the economy is very much insignifcant.
"and undermines the talent, creativity and initiative that are a great source of strength to our nation."
As does the RIAA, yet even more so sometimes. There's also the fact that just because they don't get paid a lot does not mean it undermines them.
When it comes down to it, they usually do go after distributors, especially if they are profiting from the work. However, companies like the RIAA like to use scare tactics and make examples out of the casual downloader that may or may not have actually downloaded their song.
As for punishing everyone, they will still do it until they either die off from excessive expenses or from falling profits.
Many companies wonder why consumer confidence is at an all time low for 2 years straight, and then pull crap like this still. They figure that tightening the grip by making draconian punishments will give them a stronger hold over people's wallets, but the tighter they squeeze, the more there'll be that'll slip through their fingers.
"We should not..."
"Did we run out of drug kingpins and white collar criminals suddenly?"
Apparently we have, so why not send our excess prosecutors to another nation and meddle in their affairs:
Sec.3 (b) - Not later than 120 days after the date of the enactment of this Act, the Attorney General shall assign 1 Federal prosecutor to the appropriate office of the Department of Justice located in Hong Kong and 1 Federal prosecutor to such an office located in Budapest, Hungary, to assist in the coordination of the enforcement of intellectual property laws between the United States and foreign nations.
IP theft bad. Bad for industry, bad for retailers, bad for me.
Big company criminals getting away with whatever they want worse. Worse for industry, worse for retailers, worse for me, worse for nation.
And these people that constantly use the term intellectual property need to be smacked. I've said it before and I'll say it again; Intellectual Property doesn't exist. It's a scare tactic by sleazy lawyers and CEOs used to lump areas of law that have nothing to do with each other together.
I've been on a retail CD boycott for YEARS because I don't approve of their behavior, nor am I terribly interested in financing their lawyers. I'm not about to deny that piracy is a problem; but I despise the fact that they seem hell bent for leather on claiming that piracy is the ONLY problem.
I hope they catch those music swapping hoodlums.
How so?
Write, phone, contact your congressmen/women people! if you don't want these kinds of things going through legislation then get in touch with your representative of government. At least then you'll have a plausible defense when someone calls you out for bitching about things but not lifting a finger to change.
Though I'm sure all the fine GP readers do this already.
Sorry for the government mixup, I meant the senate/senators. Our system is a bit different up here, we don't have an elected senate.
"Very few of them give a shit. We aren’t paying for their campaign."
A lot of people share that opinion, and there are valid reasons why. However, that kind of mentality is counter-productive. If people do not at least try to voice their discontent, it makes you wonder what other issues we are willing to roll over on.
Accepting defeat is only rational when you have lost a battle. Conceding before entering the fight, as Moogle said, gives no meaning to "bitching."
So, now we don't have much water left in any of our resevoirs. Gonna have to start importing water from other regions soon I think.
It's been shown that most people hate the Patriot Act --- but it's still in place. A lot of people think the DMCA is bullshit --- but it's still in place.
I'm not accepting defeat, I'm saying a method is useless.
Now, where my sympathy falls apart is right here. When I buy a pair of shoes and they don't fit, I can return them. When I buy a CD player and I don't like the performance, I can return it. When I buy a book and can't get into it within the first 30 pages, back it goes. When I spend $20 on a CD and it's 28 minutes of shit, minus the 6 minute single that was good, too bad. The media industry is doing all they can to claim my money but never make good on the promises of good entertainment. There is no check and balances system to protect the consumer. After all, the music industry has done all they could to remove the old idea of listening stations at record stores. It's a $20 gamble and if it sucks.. too bad. And so I download music to see if the CD is good. If so, I buy without hesitation. If not, I delete it. And since the record industry doesn't offer a reasonable alternative (30 second clips don't cut it), I plan to continue down this path. If they want to raise issue, I own over a thousand CDs and download from iTunes regularly. I'm not a leech, I'm a consumer. And it's about fucking time this industry acknowledges me.
I understand and appreciate your point. What I meant by counter-productive can be explained from your last comment. You listed reasons why people have given up.
Hypothetically, let us say I am unhappy with this "Pirate Act." Also, in this situation, I am someone who has yet to write a letter or call or anything. If your voiced reasoning convinced me to join you in your opinion, that is one less person to join in the fight.
Does that scenario make my point clearer?
Yes, I know the process of contacting represenatives is flawed and some times fruitless. However, what harm is there in trying? It is a right we have that should not be taken for granted.
Go here to find you Reps and Sens:
http://www.usa.gov/Contact/Elected.shtml
@ JQuilty
But we are the ones that vote them into office. If your Rep ignores you, you have every right to vote for someone else. That is one quality I look for in my elected officials.
I do agree with Moogle, that if we don't voice our concerns to our elected officials, we have no right ot complain when they do something we don't like. The same goes for voting. If you don't vote, you have no right to complain about who is in office.
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
I swear to God, if Hitlery gets elected, we're fucked.
She'll sell us out to Wal-mart so fast it'll make your head spin.
Therein, I fully agree with jkdjr25.
Hmm, they're going from "we're going to commit illegal acts (forcing ISPs to turn over information) to get our way to making it look semi legal."
How is this going to improve their image exactly?
In the name of Holy God Almighty, you are obliged to do everything in your power to stop her from entering the White House, or should it come to it, depose her.
You may go about this in any way you please.
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
I happen to know a bit about Coup d'Etats.
First, you need something to happen which you can twist.
Second, you need some form of evidence to back up the first point (false documents work wonders here).
Third, you need public support.
Fourth, you need an armed rabble. Soldiers are the best choice, but anyone with a weapon will do.
Fifth, you need to be able to storm the Presidential Palace, in this case the White House.
Sixth, you need a place to kill your deposed ruler.
Seventh, you need somewhere to hide should anything go wrong.
As with any huge change, it requires an even greater following. In the past, revolutions required nearly the entire nation to back them. Before someone shoots this idea down, remember, 1 million+ people marched on DC in the not so distant past. Will power, determination, and togetherness can go a long way.
Remember what the Student's did in China? Didn't work.
The Bush Administration invaded Iraq for oil. And you're saying they won't put down some protesters?
If a mass gathering of people protesting in D.C. were met with extreme force and violence, then the gathering and outrage would grow exponentially. Is it outside the capability of government leaders to take such actions? No. Martial Law could be declared and civilians might have to meet force with force.
The point is that protesters should not start with violence, as violence should be avoided at all costs.
Revolution can be a bloody and pointless endevor. Just look at France.
The US is set up so that we can have a peaceful change in the government by voting out all the offending officials. We also have the right to peaceably assemble and petition our government for a redress of greavences.
In this case, consumer rights are being stomped on by greedy coorporations and their pet politicians. We have a right to peaceably assemble and petition for a redress of these greavences.
To resort to the second ammendment and form a militia is only for extreme repression. This is more suited toward preventing the government from physically oppressing their citizens or when all peaceful tactics fail. I do not condone this tactic in this case. It is not needed.
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
While they tend not to read mail coming in - that and giving a generic response usually falls to their staff - they do usually have their staff keeping track of the opinions coming in. If they get a lot of their constituents speaking out to them against a specific piece of legislation, they will often take notice.
After all they do wish to get reelected, and ignoring a number of constituents is a good way to lose votes.
Stupid Pacifists.. Always have to do things the peaceful way..
Although a violent protest isn't technically a protest, I can see where you're going. Although, I was talking about Coup d'Etats, not Protests.
Can you survive 4 years of Hillary as President?
At least Paramount and Warner Bros are smarter. Releasing $3 DVDs in China to try to combat the pirated $3 copies. AND they're releasing them at the same time as in the US, to offset the rush to piracy when you can't get it in your region.
Now if only they'd do the same in Canada/Europe...