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  1. #1
    Hang 'Em High Reckless Fable's Avatar
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    10.25.16 @ 12:11 PM
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    I came across a few Webloggers that wrote a couple of outstanding articles regarding Big Media's attempt to steal away our constitutional rights of listen to whatever music we chose and when. Both of the listed "bloggers" are little-L libertarians (Glenn Reynolds and Stephen Denbeste)...I put this in the Music Only topic because of its relation to file sharing and MP3s...

    Stephen Denbeste:

    "Is there any limit to how far the entertainment industry is willing to go to protect what it thinks of as its intellectual property from digital pirates?

    They want to force the computer industry to incorporate digital rights management everywhere that it might conceivably do Hollywood any good, including such places as directly in built-in controllers of hard drives. Their bright idea is that the drive would refuse to write certain data unless it had been guaranteed that it had permission by being given a certificate first.

    They also are now asking Congress to pass a bill which would give them legal immunity to all laws about computer hacking, to give them permission to directly attack digital pirates online. They could even damage your computer if they had "reasonable basis" to believe that it was involved in any kind of piracy.

    Generally speaking, we here in the US think that "reasonable basis" needs to be proved to a court first; that's why we have a 4th Amendment right to search warrants. But it doesn't appear that these guys would have to prove "reasonable basis" to anyone except themselves. In fact, there are a large number of constitutional issues with this, it seems to me.

    For one thing, it violates the 14th Amendment "equal protection" clause. Why should it be illegal for me to do something but legal for the RIAA to do the same thing?

    It also de-facto sets up the RIAA and other copyright owners as judge, jury and executioner for the crime of copyright violation. They become their own police force and enforcement arm, totally outside of any court process. And if it turns out that they screwed you over by mistake, you have to get permission from the Attorney General of the US before suing them.

    Enough is enough. It's time for Congress to give the entertainment industry a bloody nose. They've gotten much too big for their britches, and they seem to think that they're the center of the universe and that everything should be oriented around guaranteeing them profits.

    It's time for Congress to revisit the issue of copyright, and to make a strong and explicit statement about just what "fair use" really means and to protect it by law. Not, mind, that I think they will do anything like that."

    Glenn Reynolds:

    "BIDEN ALERT: I'm really starting to dislike Joe Biden, even if I did defend him in the whole plagiarism thing. First it was the stupid RAVE Act. Now he's sponsoring yet another corporate-whoring entertainment industry bill that would make legal conduct illegal for the better enrichment of Big Media:

    Biden's new bill would make it a federal felony to try and trick certain types of devices into playing your music or running your computer program. Breaking this law--even if it's to share music by your own garage band--could land you in prison for up to five years. And that's not counting the civil penalties of up to $25,000 per offense.

    "Say I've got an MP3 collection and I buy a new nifty player from Microsoft that only plays watermarked content, and I forge the watermark to allow my legal MP3 collection to play," says Jessica Litman, who teaches intellectual property law at Wayne State University. "It is certainly the case that if I pass that around, I could be trafficking (in violation of the law)."

    This proves something I've been saying for a long time. These legislative initiatives aren't just about copyright. They're about building a regime that's hostile to content that comes from anyone other than Big Media suppliers. That's because their real fear isn't copied Britney Spears CDs -- it's that people will abandon the crap they're selling for works by independent artists, and cut out the middlemen. And the Democrats are carrying the industry's water on this.

    How can they even pretend to be protecting people from Evil Big Corporations when they're actually serving as those corporations' paid lackeys?

    Hypocritically, that's how."

    Cheers all...happy ranting [img]graemlins/thumb.gif[/img]

  2. #2
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    01.10.09 @ 12:07 PM
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    Great read!!



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