U.S. Senators Want Justice Department to Target File Swappers

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

Well ,yeah. I'm glad it made a lot of sense.

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.

@ Ken -- Not to mention spyware CD's. I still cannot believe nothing of significance happened to Sony over that.

@Thomas

The 60 days of water part.

I actually just did a giant-ass paper on the state of the RIAA as it relates to internet music distribution, for my Master's. 20 pages of data, statistics, and trends.

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 am royally sick of seeing these laws put through.. the entire copy write and IP system is fundamentally flawed. It is coming to the point that original art of any medium must either be violently extreme (Manhunt, most "edgey" art works, Saw) or run the risk of being sued to hell and back because there is some resemblance to something that was made once by someone else.

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.

I wonder how much music Senator Leahy's grandkids and Sen Cornyn's relatives have downloaded?

Maybe the DOJ can find out.

Oh definitely.

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!

@ JQuilty

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.

This is absolutely disgusting. How can those guys say this and keep a straight face?

"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.

Edit: I meant to say blank DVDs cost practically nothing, just in case anyone misunderstands my post.

I think I see it boiling down to this. We need to punish those who profit from this, IE illegally selling bootleg copies and such,and need to leave alone those who just want to enjoy their media, and not punish everyone.

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.

With that sort of weight behind it, it could be bad news for p2p. Those sort of players make this a potentially scary story.

@GP - grammar error on last statement:
"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.

Oh god..it's not the Justice Department's job to be the hit man for the 'Intellectual Property' mafias. If anything, they should be going after them on RICO. And Leahy is a fucking idiot for suggesting that copyright infringement is a reason the economy is in the toilet right now.

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 wanna pay for the RIAA's tempter tantrums about as much as I want a hole in the head. What annoys the heck out of me is that they'd rather pitch a decades-long fit then just accept that the nature of their business needs to change. If they spent half as much money on finding and recruiting new talent as they do on suing their own customers. (sigh)

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.

Eh, no wonder confidence in all branches of the government is at an all time low. Frivilous is the word of the day. In the meantime, Georgia has like 60 days of water before we have none left.

I hope they catch those music swapping hoodlums.

@Thomas

How so?

How so at which part?

Maybe if the RIAA stopped putting all these crappy songs on their CDs, people would buy them. We're not going to buy a $20 CD for only one or two good songs. That's what iTunes and P2P sharing sites are for.

As a Canadian, I have to say this one thing:

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.

@Myself:

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.

Moogle -- Very few of them give a shit. We aren't paying for their campaign.

@JQuilty :

"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."

Oh, we're going through some pretty tough drought now, and over the past 15 years our law makers have ignored the fact that our water infrastructure would not be able to support the kind of population growth we are experiencing.

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.

@ Gamedev -- It isn't a counter-productive mindset when they don't even read email/snail mail, nor when they put you on hold for god knows how long on the phone and then simply allow you to record a message.

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.

Ok I want to complain to my congressmen about this, anyone know of a portal or something that will let me contact them all at the same time.

I can see both sides of the arguement yet refuse to sympathize with the RIAA. After all, a very small amount of the money from CD sales actually GOES to the artist. Most make their money from touring and despite the fact that the artist often funds their own tour, the record company gets a cut from that as well. So when I pay $15 to see a band at a club, part of that goes to the record company despite the fact that they aren't even willing to chip in for gas on the tour. People love to bitch about sponsorship and mass tours but that's the way many smaller bands can afford to tour. So CD sales goes primarily to the people who pressed and financed the creation of the CD and not particularly the artist. So when they talk about music piracy hurting the creative force, no. It hurts the record companies foolish enough to invest $150 million in a single Mariah Carrey CD.

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.

@JQuilty - (Please keep in mind I make my comments with 0 malice)

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.

@Awol - What state do you live in?

@ AWOL

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.

I think, come next election, that its time for a full congressional purge. Start over from scratch and see if we can actually get people in who care about the people, not their corporate and special intrest masters.

Oh man, this sucks.

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.

"[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."

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?

@Austin Lewis

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.

It would be interesting to see if we could successfully purge the government. There are quite a few people that I want to get rid of including all supporters and writers of this bill.

@E.ZK

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.

Adding On: You also need to get them before they declare Martial Law.

If anything, politicans should stand up for the rights of consumers [the overwhelming majority of their constituients] and revise copy right laws so consumers can have greatest access to affordable forms of media. Those who produce entertainment should have enough good judgment to know that people will most likly pirate their products if they are sold at high prices. Copyrights in this country have been extended from their initial protection period of 10 years to an overwhelming 120 years. Most, if not all, the profit gained from these absurd copyright laws end up in the hands of greedy, functionless, paper-pushing figureheads of the entertainment industry.

I completely agree with you guys on the concept of a purge (especially of those involved in acts such as this). I'm also a big supporter of decentralization. Though both concepts are highly improbable, they are not impossible.

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.

Of course, we know that the CIA is watching us right now..

@BlackIce - Though your comedy is noted, I believe a strong yet peaceful gathering of the masses would work better than a violent coup.

@GDM

Remember what the Student's did in China? Didn't work.

@BlackIce - Good point, but I was not talking about China. I'm talking about The United States of America.

@GDM

The Bush Administration invaded Iraq for oil. And you're saying they won't put down some protesters?

@BlackIce - The war in Iraq and the reasons behind it are totally unrelated subjects and events.

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.

@ BlackIce

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.

@JQuilty

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.

@GDM

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.

@E.ZK

Can you survive 4 years of Hillary as President?

Good grief.

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...
-- If your wiimote goes snicker-snack, check your wrist-strap...
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleesigh...was playing anice game of empire at war and then boom crash...hope new oparts come soon ><05/22/2012 - 1:17pm
Andrew EisenI still say the particular word or phrase the MPAA uses to describe what it's fighting against is the least of its problems.05/22/2012 - 1:12pm
ZippyDSMleeMPAA finally admits piracy is not the same as stealing, kinda http://tinyurl.com/chtcf8p05/22/2012 - 11:55am
ddrfr33k@EZK Bwahahaha! @Michael: Yeah, several news sources have said that google DNS can bypass the TPB roadblocks.05/22/2012 - 11:38am
Michael ChandraWeird, I can still visit piratebay. Wonder if Google DNS is related to that, or I simply have an exotic ISP?05/22/2012 - 9:03am
Lisa PhamNo harm done, E. Zachary Knight. :)05/22/2012 - 4:50am
Uncharted NESBSA Claims Half of PC Users Are Pirates- http://slashdot.org/palm/17/12/05/22/0051216_1.shtml05/21/2012 - 11:18pm
E. Zachary KnightAh. Missed that. My mind just connected DDR3 with ddrfr33k and ran with it. Oh well.05/21/2012 - 10:12pm
Lisa PhamHe also mentioned the game "Shadows of the damned" which is on PS305/21/2012 - 8:08pm
E. Zachary Knightddrf33k, I think Zip is referring to computer hardware.05/21/2012 - 7:33pm
ddrfr33k@Zip: Excellent game. It's a trip.05/21/2012 - 7:09pm
Lisa PhamIanC - if you read/looked at the report (PDF and written) then you'd see where they failed and why. Some games have come close to passing and some have passed. The list of games evaluated. http://www.reclaimyourgame.com/content.php/18-RYG-Evaluations05/21/2012 - 5:49pm
Andrew EisenMaybe I'll luck out and the Wii version won't have this retail exclusive DLC nonsense.05/21/2012 - 5:12pm
ZippyDSMleeBought new guitar...trying to find a nice DDR3/mobo combo under 200$ sicne I need new ram thats 100$....fun times..... picked up shadows of the damned tho!!05/21/2012 - 4:56pm
E. Zachary KnightYeah, that's how I feel about retail exclusive DLC too. ;)05/21/2012 - 3:37pm
RedMageThat's what I started to figure too. They seem to have trouble coming up with an effective scare tactic. At one point they referred to it as "online looting" which just sounds stupid.05/21/2012 - 3:34pm
E. Zachary KnightOf all the sucky suckiness that ever sucked. Lego Batman 2 will suffer from sucky retailer exclusive DLC. Suck! http://tinyurl.com/ckq67vg05/21/2012 - 3:30pm
E. Zachary KnightAs for Dodd, I think it is mostly that he realizes that calling copyright infringement "theft" is bad for PR and that they need to change tactics. Just like how they went from using "piracy" to using "theft."05/21/2012 - 1:48pm
E. Zachary KnightIan, I think in this case, the rating is well deserved. To get a good rating, I would assume that a company would have to release the game with no DRM, or at least fully disclosed DRM.05/21/2012 - 1:46pm
IanCLisa - what do companies have to do to get a good rating from that site?05/21/2012 - 12:54pm

Be Heard - Contact Your Politician