Copying Programs Could be Outlawed

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LVCapo
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Copying Programs Could be Outlawed

Post by LVCapo » Wed Jun 23, 2004 4:51 pm

Copying Programs Could be Outlawed
PC World
Grant Gross, IDG News Service

WASHINGTON-- New legislation introduced late Tuesday by a group of powerful U.S. senators would let artists and entertainment companies sue creators of products, such as peer-to-peer software and copying programs, that "induce" copyright violations.
Senate Judiciary Committee (news - web sites) chairman Orrin Hatch, clearly targeting P-to-P vendors, claims his bill focuses on companies that profit by encouraging children and teenagers to infringe copyrights.
"It is illegal and immoral to induce or encourage children to commit crimes," Hatch, a Utah Republican, says in a statement. "Tragically, some corporations now seem to think that they can legally profit by inducing children to steal. Some think they can legally lure children into breaking the law with false promises of 'free music.'"
Choosing Sides
The Recording Industry Association of America (news - web sites) (RIAA) welcomes the legislation, while P2P United, a P-to-P trade group, calls the bill "horrible public policy." The measure could stifle the development of future technologies that could be used for copyright infringement but have substantial legitimate uses, say P2P United and other critics.
The bill "will chill the development, if enacted, of not only peer-to-peer technology, but wonderful new information tools yet to be devised," says Adam Eisgrau, P2P United executive director, in an e-mail message. "Don't buy the hype. Any member of Congress who supports this bill is voting, without so much as a hearing, to undo more than a century of solid copyright case law that has protected innovators and technology from the terrible power of entrenched industries and, in the process, created the American economy."
The bill has powerful backers. Among its co-sponsors are Senate Majority Leader Bill Frist, a Tennessee Republican; Senate Minority Leader Tom Daschle, a South Dakota Democrat; and Judiciary Committee ranking Democrat Patrick Leahy from Vermont.
The bill doesn't set up new criminal or civil penalties for those who "induce" copyright violations, but it creates a new class of people who can be sued or prosecuted for copyright infringement. The standard is whether a "reasonable person" would believe a product or service "intentionally aids, abets, induces, or procures" copyright violations. The "reasonable person" standard is a broadening of the standard that usually applies to contributory or vicarious copyright infringement, says Public Knowledge, an advocacy group focused on copyright law.
Opposing Efforts
Currently, civil penalties for copyright infringement can be up to $30,000 per act of infringement, or up to $150,000 per act of willful infringement. Total damages are determined at trial.
"Public Knowledge is concerned that the bill is overbroad, because it regards almost any action that leads to infringement to be a potential offense even if the person who engages in the act never intended to cause infringement," says Gigi B. Sohn, president of Public Knowledge, in a statement.
The Hatch bill is being introduced just a day after revival of another measure regarding digital copyrights.
The Personal Technology Freedom Coalition said Tuesday it is promoting a Digital Media Consumers' Rights Act. That measure codifies consumers' rights to break copy controls to make personal and backup copies of digital media. The RIAA and other industry organizations oppose that effort, saying it legalizes piracy.
Copiers Condemned
Hatch refutes criticism that the bill would overturn existing copyright law and discourage innovation. The bill is not intended to affect the 1984 Sony-Betamax case in which the U.S. Supreme Court (news - web sites) ruled that videotape and other copying devices are legal, he says in his statement. His bill targets only those companies that "intentionally induce" customers to violate copyrights, Hatch says.
The RIAA is applauding Hatch for the "narrowly focused" legislation. The association has filed hundreds of copyright-infringement suits against online users.
"This bill places the spotlight squarely on the bad actors who have hijacked a promising technology for illicit means and ignoble profits," says Mitch Bainwol, RIAA chairman and CEO, in a statement. "Legitimate uses of peer-to-peer are upheld, while those who intentionally lure consumers into breaking the law are held to account. Under this legislation, the path to legitimacy remains clear: Respect the law and block the exchange of works the copyright owner has not authorized."

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Post by Apoptosis » Thu Jun 24, 2004 4:15 pm

good read till I saw this...

"The Recording Industry Association of America(RIAA) welcomes the legislation,"

I swear these guys are the axis of evil

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Post by LVCapo » Thu Jun 24, 2004 4:23 pm

yeah, someone needs to put a leash on these guys. They don't seem to understand that people are tired of paying $10 for a movie ticket to crap like Gigli, or $18 for a Madonna CD that is only good for torturing combatants. Get a clue people, your days off ripping off consumers is coming to an end....oh wait, they have all the politicians in their pocket, so i guess it isn't.
Last edited by LVCapo on Thu Jun 24, 2004 5:52 pm, edited 1 time in total.

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Post by Apoptosis » Thu Jun 24, 2004 4:42 pm

it will and must come to an end! The RIAA must see that the public is not standing for high prices. I'm preaching to the choir so I'll shut up.

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Post by Flux » Thu Jul 01, 2004 11:25 am

Speaking of copying programs, have you all heard about 321 Studios?
They are being sued for their DVD copying programs like DVD X Copy and Game X Copy. They are really trying to fight it by asking people to contact congress. You can read more at their website.

Here is one article:
Leading Video Game Companies Sue 321 Studios
Opening a major new front in the entertainment software industry's battle against piracy, leading video game companies today filed a lawsuit to block the trafficking and sale of software that cracks the copy protection systems used by game makers to protect their titles from illegal copying, the Entertainment Software Association (ESA) announced today.
Three ESA members, Atari, Inc., Electronic Arts Inc., and Vivendi Universal Games, Inc., filed the lawsuit against 321 Studios in U.S. District Court for the Southern District of New York, contending that 321 Studios' "Games X Copy" software is illegal because it violates the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures used by entertainment software publishers to prevent game piracy.

"Masquerading as a consumer friendly tool, 321 Studios' software is, in truth, really nothing more than a device to facilitate the illegal copying of games," said Douglas Lowenstein, president of the Entertainment Software Association, the trade association that represents U.S. computer and video game publishers. "Federal law makes it clear that it is illegal to manufacture, distribute, or sell devices or programs that circumvent technological protection measures built into video games. That's exactly what 321 Studios' Games X Copy does, and we fully expect the court to grant our request to ban this product."

Games X Copy is the latest in a series of 321 Studios products that violate the DMCA. Enacted in 1998, the DMCA prohibits the manufacture and distribution of products or services that circumvent technological protection measures designed to prevent unauthorized access to and copying of copyrighted materials. 321 Studios was recently enjoined by federal courts in three similar cases for illegally creating and distributing DVD-copying software.

"Game-copying software like Games X Copy, as well as other circumvention tools, cause entertainment software publishers irreparable harm," said Douglas Lowenstein. "The creation and distribution of video games involves tremendous investments of time, resources, and creativity, with a typical top video game costing an average of $5 to 10 million to create and market. Video game copyright owners stand to lose an enormous amount from the piracy enabled by products like Games X Copy."

The ESA is the U.S. association dedicated to serving the business and public affairs needs of the companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. ESA members collectively account for more than 90 percent of the $7 billion in entertainment software sales in the U.S. in 2003, and billions more in export sales of American-made entertainment software. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the Electronic Entertainment Expo trade show, business and consumer research, government relations and First Amendment and intellectual property protection efforts.


http://www.321studios.com

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Post by Xerxes » Thu Jul 01, 2004 11:43 am

heh the riaa just doesnt get it, I used to download music and movies along with buying them now i just dont do either except the rare really awesome movie and even then I usally go during matinee (and dont get me started on the overpriced food in almost all theaters which i've never bought) :) I havent bought or downloaded any music in close to a six months I've been happy just listening to it on the radio lately and from my own collection of cds, theres only a very few bands that i would buy a new/another cd from.

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