Everyone's favorite fuckwits are once again out to make sure that simply using a P2P program will carry the risk of 3 years in jail, never mind all the violations of privacy involved in the methods required for the punitive measures of this bill to work...
Andrew Orlowski for The Register wrote:HR.4077, the Piracy Deterrence and Education Act, has been approved by the United States' House Judiciary Committee.
The bill specifies up to five years' jail for anyone making over a thousand copyrighted works available for download. That's if the infringer is profiting from the action: ordinary P2P users would face up to three years simply for making their collections available.
Thwarted by the courts, copyright holders and their lobby groups, notably the Recording Industry Ass. of America (RIAA), have been forced to file "John Doe" suits against infringers. But HR.4077 brings the full power of the state to their aid:
The FBI will be required to serve as propaganda ministry, or in the words of the bill, "develop a program based on providing of information and notice to deter members of the public from committing acts of copyright infringement through the Internet," and enforcer.
The Feds must "facilitate the sharing among law enforcement agencies, Internet service providers, and copyright owners of information concerning acts of copyright infringement described in paragraph".
The committee asks Congress to discourage the P2P networks from deploying the "guns don't kill people" defence.
"Publicly available peer-to-peer file-sharing services can and should adopt reasonable business practices and use technology in the marketplace to address the existing risks posed to consumers by their services and facilitate the legitimate use of peer-to-peer file sharing technology and software."
The bill also makes it illegal to use a video recorder in a cinema to capture a movie.
The chairman of the House Committee which nodded through the measure, Rep James Sensenbrenner (R.-Wis), was paid $18,000 by the Recording Industry Ass. of America to make a trip to Taiwan and Thailand in January 2003, a breach of the House ethics rules, say critics. [WaPo | Reg] Sensenbrenner said it was a "fact-finding mission", even though his schedule was arranged by the State Department.
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Even if it passes, I seriously doubt the FBI would devote the resources if they had them. I also seriously doubt this would survive a constitutional challenge over the risk of privacy violations, but I'm no lawyer.
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The bill specifies up to five years' jail for anyone making over a thousand copyrighted works available for download. That's if the infringer is profiting from the action: ordinary P2P users would face up to three years simply for making their collections available.
this law can be quite easily circumvented by limiting what is in one's shared folder. There are plenty of file sharers in places that aren't strictly regulated.
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Why is it so goddamned hard to get little assholes like you to admit it when you fuck up? Is it pride? What gives you the right to have any pride?
–Darth Wong to vivftp
GOP message? Why don't they just come out of the closet: FASCISTS R' US –Patrick Degan
The GOP has a problem with anyone coming out of the closet. –18-till-I-die
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What happens if you're sharing with people outside the US?
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Apparently Congress doesn't realize that most of the filesharing community these days uses BitTorrent...
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Iceberg wrote:Apparently Congress doesn't realize that most of the filesharing community these days uses BitTorrent...
SHUT UP! Do you want a rider attached to it!
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Hey, that's a good idea. Let's divert FBI personnel from tracking down criminals and terrorists to tracking down pot smokers and file sharers. Becuase clearly they present a bigger danger to our society.
The senate won't allow this to pass, they're worried about the long term implications that such a bill might have and the chilling effect on technological development. The House always tries to pass shitty laws like this. Though I am concerned that they think file sharing should be punishable by a prison term numbering years, and thats for each count so if they find hundreds of files on your computer a prosecutor wouldhave a field day with you and intimidate you with prison terms of decades.
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The Bill will never pass as no company with a stake in p2p software would allow such a ludicris proposal. Arbitraily limiting p2p technology on the basis of legality would likely kill the US economy in farely short order.
Any connection between your reality and mine is purely coincidental.
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Star-Blighter wrote:The Bill will never pass as no company with a stake in p2p software would allow such a ludicris proposal. Arbitraily limiting p2p technology on the basis of legality would likely kill the US economy in farely short order.
WTF are you talking about? The US economy got along fine before the advent of P2P and it doesn't even ban P2P.
Darth_Zod wrote:bittorrent doesn't work in the same fashion as kazaa or morpheus, however. so i'd say it doesn't quite meet the regs for that bill.
IANAL (but Stravo is!), but I think it does meet it. Read the following, linked from the Library of Congress:
HR 4077 wrote: `(a) Criminal Infringement- Any person who--
`(1) infringes a copyright willfully and for purposes of commercial advantage or private financial gain,
`(2) infringes a copyright willfully by the reproduction or distribution, including by the offering for distribution to the public by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, or
`(3) infringes a copyright by the knowing distribution, including by the offering for distribution to the public by electronic means, with reckless disregard of the risk of further infringement, during any 180-day period, of--
`(A) 1,000 or more copies or phonorecords of 1 or more copyrighted works,
`(B) 1 or more copies or phonorecords of 1 or more copyrighted works with a total retail value of more than $10,000, or
`(C) 1 or more copies or phonorecords of 1 or more copyrighted pre-release works,
reading that bittorrent could meet the description, but nothing is stored on a single server. given that bit torrent doesn't rely on shared folders like other clients.
someone torrenting 2 or 3 files wouldn't be distributing thousands, even though there may be thousands of torrents on the site.
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Coudl someone PM me. I am not all that familiar with this topic? What are the different types of P2P choices? I am kinda worried. What's legal and illegal...?
Is bittorrent kinda like WinMx? My friend uses that. Should I tel him to stop or something?
Boyish-Tigerlilly wrote:Coudl someone PM me. I am not all that familiar with this topic? What are the different types of P2P choices? I am kinda worried. What's legal and illegal...?
Is bittorrent kinda like WinMx? My friend uses that. Should I tel him to stop or something?
basic rundown: both bittorrent and kazaa open a peer connection between two computers on the internet. however, kazaa opens up a specific folder in your computer for sharing, making every file in that folder available, while with bit torrent it only allows specific files to be shared. you don't do searches for material with bit torrent like kazaa, but rather you go to a site which hosts a tracker.
you download the .torrent file from the tracker, then it opens up the bittorrent client and looks for other peers sharing the same file, connecting to them and begins to download, downloading pieces of the whole file from everyone you're connected to, and reassembling them when it's finished. this, imo, is a far more secure method of sharing than over something that's open like kazaa or morpheus.
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How in the hell are they going to even attempt to enforce this if it becomes law?
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