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172 Comments
- 1010011010, on 10/12/2007, -4/+63Soap, Ballot or Ammo -- which box should I be using for this?
- Zachariah, on 10/12/2007, -2/+59Yes, the bill was discussed on digg already http://digg.com/technology/The_Worst_Bill_You%E2%80%99ve_Never_Heard_About -- but this link is to the EFF action center to help STOP it. (via BoingBoing)
- dolson, on 10/12/2007, -6/+62No, but you're the only one who doesn't give a ***** that your government is ***** you in the ass.
- gfw123, on 10/12/2007, -4/+56....also please consider giving a donation to the EFF. They do great stuff (and you get a rock'in cool t-shirt!).
- bloodylip, on 10/12/2007, -5/+43First soap, then ballot, if soap fails to work. If neither of those works, ammo. After all, it's our constitutional right to overthrow the government if it were ever to become too corrupt.
- kevinmtu, on 10/12/2007, -2/+32includes contact information to contact your rep, do it, do it now!
- SkeletaLlama, on 10/12/2007, -1/+29I think it's very important that people call all the names on that first list to tell them about what this bill would mean for the consumer and that we oppose it very strongly. Politicians realize that very few people bother writing or calling so when someone does, they take that person's opinion seriously especially if the person is reasonable and articulate about what their concerns are. I urge everyone to call now before the end of the business day so they have time to review the calls and they can be briefed by their staff about these concerns.
- disquietus, on 10/12/2007, -5/+32lincoln made it illegal. we always have the right.
- MasteRR, on 10/12/2007, -2/+26Funny. Wouldn't a CD player's Anti-skip buffer also be considered a copy? This is silly.
Call your representative today! - IcarusAngelus, on 10/12/2007, -4/+27This is ridiculous, I don't have to pay the publisher everytime I read an old book, why should I have to pay for every "Instance" of music I listen to?
- SkeletaLlama, on 10/12/2007, -2/+24You won't be tired of hearing about it when you have to pay for your music again in order to make a backup copy of it and buy it again to burn it to disc and buy it again to put it on your mp3 player and buy it again if you want to stream it over a WiFi network to a stereo and buy it again when you switch to a new computer. You're talking about in my case $5,000+ dollars just to swap my music to an iPod. Then another $5,000+ dollars to switch to a new computer. And another $5,000 to listen to it on my network's Airport Express stereo connection.
I would think anyone would be concerned about that kind of insanity even if they aren't political. - HoboMaster, on 10/12/2007, -3/+23"sorry Abraham Lincoln took away the right to overthrow the government a long time ago"
He's right, you know. While I don't agree with the Confederacy, I also don't agree with Lincoln. The South didn't start the war, they just wanted out of the Union. Lincoln was the one who decided he was going to force the South to stay in by military means. Do I think it worked out in the long run? Yeah. But it definitely had some long-standing implications for the freedom of the people and of the states in the US. - hfx392, on 10/12/2007, -4/+23It takes less than 5 minutes to call, being at work is not a good excuse. If you had time to reply to this, you have time to call.
That's like saying you can't vote because you have work - except this is easier, quicker and more effective than voting. - ryllharu, on 10/12/2007, -1/+16None of my representatives are on the committee. To those that do have some, make sure this bill goes straight to hell.
- OrangeTide, on 10/12/2007, -1/+16or if you want to copy your ebook from your harddrive to a usb pen drive to take with you. or if you want to back it up onto a CD-R incase your harddrive fails.
- Xalorous, on 10/12/2007, -2/+17Umm, it's not even passed and you're arguing interpretation? Intent doesn't mean jack. Interpretation is everything, and RIAA and MPAA will work to get every possible nuance interpreted in their favor.
- drakaan, on 10/12/2007, -2/+16It's more than just Section 115...
http://drakaan.blogspot.com/2006/06/bye-bye-fair-use-its-not-just-section_06.html - eclectro, on 10/12/2007, -2/+15You wouldn't think so. But look how everyone has tried to use the DMCA out of context. Copyright law is the most misused law around. So no, cache and RAM is not over the top given past copyright history. There really are bastards waiting around the corner here.
- Xalorous, on 10/12/2007, -1/+14this isn't reform, it's new legislation
- trevorroth, on 10/12/2007, -3/+15I don't like the hype engine as well...
And what people are forgetting, is that what this bill is proposing ISN'T additional fees for "incidental reproductions." This isn't the issue. The fire and the fury comes because it is the first time they are saying that "incidental reproductions" are a "copy" that they are aware of, and therefore is taken into consideration during licensing. If you read the summary (http://media-cyber.law.harvard.edu/blogs/gems/cmusings/SIRAof2006DiscussionDraft.pdf), When it says "The license under this subsection covers..." it only references ONE license... not multiple. Or at least that's how I read it. So in other words, a SINGLE license covers scenarios A, B, and C and their subsections. So... THE SAME license that allows you to distribute it via the internet ALSO ALLOWS (or covers) for those "incidental reproductions"...
The FEAR (and fear only) is that at some point in the future, they will use the idea that an "incidental reproduction" is a licensable entity, as it is an entity that they were able to identify in addition to the file itself. So the fear is that the "deck is being stacked" for future legislation.
If you have read the bill... go to Paragraph 7 Sub-paragraph A (Royalty Rates). Here's what it says:
%u2018%u2018(A) IN GENERAL.%u2014Except as provided in this paragraph, the Copyright Royalty Judges
shall determine reasonable rates and terms for digital phonorecord deliveries as provided
under subsection (c) and chapter 8, except for server and incidental reproductions for
noninteractive streaming that are eligible for royalty-free licenses under this subsection.
Note that line "except for server and incidental reproductions for non-interactive screening that are eligible for royalty-free licenses".
They're not looking to charge for it (yet)... simply to identify it as an entity that exists.
So is it dangerous wording? You bet your ass it is. Do I support it? No I don't. I just wanted to inform people of what the actual problem is. The idea that they say that they are referring to "incidental reproductions" as methods of "digital phonorecord delivery" is a slippery slope.
So, go ahead and help stop it, but just know that this particular bill would not be the end of the world... just a step in the wrong direction.
It's a foothold for one side to make future arguments (precedent). - ajwillys, on 10/12/2007, -1/+13Do I also have to get a license for the copy stuck in my head?
- ryan_merket, on 10/12/2007, -3/+15"I filled out the form as requested on the EFF page, but it failed to work..."
That is a form to tell the EFF that you called... it's not suppoed to do anything... YOU are supposed to call your representative or congressmen, - OrangeTide, on 10/12/2007, -1/+13My congressperson is just involved in other important work such as:
H.CON.RES.142 : Congratulating Disneyland and the Walt Disney Company on the 50th Anniversary of the opening of Disneyland.
H.RES.498 : Supporting the goals and ideals of School Bus Safety Week.
H.R.935 : To urge the Government of Ethiopia to hold orderly, peaceful, and free and fair national elections in May 2005 and to authorize United States assistance for elections-related activities to monitor the Ethiopian national elections.
H.R.551 : To amend the Elementary and Secondary Education Act of 1965 to direct local educational agencies to release secondary school student information to military recruiters if the student's parent provides written consent for the release, and for other purposes. (aka bill against on campus recruiting)
and my personal favorite:
H.R.1914 : To amend the Harmonized Tariff Schedule of the United States to provide that the calculation of the duty imposed on imported cherries that are provisionally preserved does not include the weight of the preservative materials of the cherries. - Kbennett, on 10/12/2007, -1/+12Members of the House Subcommittee on Courts the Internet and Intellectual Property
Henry J. Hyde (R-IL)
Lamar S. Smith (R-TX)
Elton Gallegly (R-CA)
Bob Goodlatte (R-VA)
William L. Jenkins (R-TN)
Christopher Cannon (R-UT)
Spencer Bachus (R-AL)
Ric Keller (R-FL)
Darrell Issa (R-CA)
Jeff Flake (R-AZ)
Mike Pence (R-IN)
J. Randy Forbes (R-VA)
John Conyers, Jr. (D-MI)
Rick Boucher (D-VA)
Zoe Lofgren (D-CA)
Maxine Waters (D-CA)
Martin T. Meehan (D-MA)
Robert Wexler (D-FL)
Anthony Weiner (D-NY)
Adam Schiff (D-CA)
Linda T. Sanchez (D-CA) - ConceptJunkie, on 10/12/2007, -7/+17For all his accomplishments, Lincoln gave birth to the strong, centralized, essentually-all-powerful Federal government we have today.
- Xalorous, on 10/12/2007, -1/+11You have one Representative
- MasteRR, on 10/12/2007, -2/+12The real solution to this would be to buy the CD and never listen to it! Want to listen to it? Too bad, thats another charge.
Isn't that what the RIAA wants anyway? - SkeletaLlama, on 10/12/2007, -2/+11Do you want to buy your music again just to back it up onto an external hard drive or disc? That's what they're talking about here. If you burn a CD with your music on it, you buy it again. If you put it on an iPod, you buy it again.
- Ozymandias42, on 10/12/2007, -15/+24@ex:
Of course he did. He was the first Republican president, and they've been following in his martial-law declaring footsteps ever since. - bjsiders, on 10/12/2007, -1/+10No, I'm tired of hearing about it, too. But I plan to stop it by opposing this kind of legislation rather than rolling over and taking it. I can appreciate the need to protect intellectual property, but this is not protecting intellectual property. This is just stupidity.
- romper, on 10/12/2007, -3/+12Too bad I'm unrepresented currently (CA 50th, though the election is today). Now I know how Washington D.C. must feel. =)
- Lumiras, on 10/12/2007, -7/+15Go for it, guys. I'm at work so I can't take any action, but this bill is just rediculous
- lbjazz, on 10/12/2007, -3/+11bj . . . is correct, however, most people do not know that under Lincoln many northern journalists were imprisoned or banished to the Confederacy for publicly opposing Lincoln's administration. Most northerners supported protecting the Union, but very few actually supported ending slavery as a reason for the war. See any parallels to current events?
- zupadupa, on 10/12/2007, -2/+10Someone please call Jack Bauer.
- Ozymandias42, on 10/12/2007, -3/+11@Xal:
You are both right. He has one representative, and none of his representatives are on the committee. - SkeletaLlama, on 10/12/2007, -2/+10Yes, every time you think of it, because it's being moved into short term memory which constitutes a separate copy from the long term memory one. If you also sing it you pay again because it's passing through the speech center of your brain which is another copy. Don't even think of tapping you toes to the tune because you'll have to pay for the copy in your brain's motor control center.
- SkeletaLlama, on 10/12/2007, -1/+9Whip out your cellphone Lumiras, print this list and take a "restroom break." We need your support!
- jsd8cc, on 10/12/2007, -2/+9Does the RIAA even live in reality anymore? Did they ever? Copies in RAM and caches? It's like watching someone slip further and further into dementia.
Damn, it's going to be sweet when their kleptocracy finally crashes and burns. - bjsiders, on 10/12/2007, -6/+13What ignorance. The size of the federal government after Linconln was miniscule, as was the tax code. We actually repealed the wartime federal income tax after the Civil War. The Federal Government ballooned under FDR and again under Johnson and then again under Reagan and finally again under Bush Jr.
- inactive, on 10/12/2007, -2/+9@ryan merket: "That is a form to tell the EFF that you called... it's not suppoed to do anything... YOU are supposed to call your representative or congressmen"
from the article:
"Don't let the music industry turn your cache into their cash. Check below to see if your representative is on the right committee, and call them now! We need your ZIP Code to see if your representative is on the correct committee. If you live in a split district, you may need to enter your full address."
the form is supposed to do something - tell you if your representative is on the committee. i put in my full address, and it did nothing. i put in my zip code with no other info, and only then did it work. - phreakout, on 10/12/2007, -1/+7Members of the Subcommittee on Courts, the Internet, and Intellectual Property
Republicans:
Honorable Lamar S. Smith, 2184 Rayburn House Office Building, Washington, DC 20515, (202) 225-4236
Honorable Henry J. Hyde, 2110 Rayburn House Office Building, Washington, DC 20515, (202) 225-4561
Honorable Elton Gallegly, 2427 Rayburn House Office Building, Washington, DC 20515-0523, (202) 225-5811
Honorable Bob Goodlatte, 2240 Rayburn House Office Building, Washington, DC 20515, (202) 225-5431
Honorable William L. Jenkins, 1207 Longworth Office Building, Washington, DC 20515, (202) 225-6356
Honorable Spencer Bachus, 442 Cannon House Office Building, Washington, D.C. 20515, 202 225-4921
Hon. Robert Inglis, 330 Cannon House Office Building, Washington, DC 20515, (202) 225-6030
Honorable Ric Keller, 419 Cannon House Office Building, Washington, DC 20515, (202) 225-2176
Hon. Darrell Issa, 211 Cannon House Office Bldg., Washington, DC 20515
Honorable Chris Cannon, 2436 Rayburn House Office Building, Washington, DC 20515, (202) 225-7751
Honorable Mike Pence, 426 Cannon House Office Building, Washington, DC 20515, (202) 225-3021
Honorable J. Randy Forbes, 307 Cannon House Office Building, Washington, DC 20515, (202) 225-6365
Democrats:
Honorable Howard L. Berman, 2221 Rayburn House Office Building, Washington, D.C. 20515, (202) 225-4695
Honorable John Conyers, Jr., 2426 Rayburn Building, Washington, DC 20515, (202) 225-5126
Honorable Rick Boucher, 2187 Rayburn House Office Building, Washington, DC 20515, (202) 225-3861
Honorable Zoe Lofgren, 102 Cannon House Office Building, Washington, DC 20515, (202) 225-3072
Honorable Maxine Waters, 2344 Rayburn House Office Building, Washington, DC 20515, (202) 225-2201
Honorable Martin T. Meehan, 2229 Rayburn House Office Building, Washington, DC 20515, (202) 225-3411
Honorable Robert Wexler, 213 Cannon House Office Building, Washington, DC 20515, (202) 225-3001
Honorable Anthony Weiner, 1122 Longworth House Office Building, Washington DC 20515, (202) 225-6616
Honorable Adam Schiff, 326 Cannon House Office Building, Washington D.C. 20515, (202) 225-4176
Honorable Linda T. Sanchez, 1007 Longworth House Office Building, Washington, DC 20515, (202) 225-6676" - phreakout, on 10/12/2007, -2/+8"
SIRA's main aim is clearing the way for online music services by revising the current mechanical compulsory license set out in Section 115 of the Copyright Act to accommodate "full downloads, limited downloads, and interactive streams." So far so good, but the devil is in the details. This license specifically includes and treats as license-able "incidental reproductions...including cached, network, and RAM buffer reproductions."
By smuggling this language into the Copyright Act, the copyright industries are stacking the deck for future fights against other digital technologies that depend on making incidental copies. Just think of all the incidental copies that litter your computer today -- do you have a license for every copy in your browser's cache?
This is dangerous language that creates a dangerous precedent. When courts look at how copyright should apply to new digital technologies, they often have few judicial precedents for guidance and thus they turn to the Copyright Act itself for clues about how Congress views similar issues. Incidental copies made in the course of otherwise lawful activities should be treated either as outside the scope of a copyright holder's rights or as a fair use (even the Copyright Office agrees on the fair use point). But you can be sure that the copyright industries will use SIRA as a precedent to the contrary in future fights.
"
--ripped from
http://www.eff.org/deeplinks/archives/004721.php - MisterKen, on 10/12/2007, -1/+7If you can, it's a good idea to contact your Senator and let them know this is wrong and unfair use of the copyright laws even if they are not on this committee.
To find your representative, go to:
http://www.house.gov/writerep/
A simple email using the text supplied in the Dugg article DOES make a difference. Let them hear from us.
We need to stop this crap...NOW. - jedeye, on 10/12/2007, -1/+7It's nice to see that you are reading a good book rather than being boxed up, sitting in front of a computer writing comments on manufactured democracy.
- redforty, on 10/12/2007, -1/+7I logged my call to my rep. It is the first active political setp I've ever taken. It was easy and fast and good to know I can make a difference.
Thank you. - camiller, on 10/12/2007, -2/+8I won't be tired of hearing about it until they are tired of trying to submit new legislation that attempts to remove fair use.
Never give up, never surrender. - Lamb, on 10/12/2007, -1/+7Here is some of the proposed law, note 1.B:
(1) IN GENERAL.%u2014The compulsory license for digital phonorecord deliveries shall be governed by this subsection, in addition to subsections (a), (c), and (d). The license under this subsection covers%u201D
* %u201C(A) the making and distribution of digital phonorecord deliveries in the form of full downloads, limited downloads, and interactive streams;
* %u201C(B) all reproduction and distribution rights necessary to engage in activities described in subparagraph (A), solely for the purpose of engaging in such activities, including
o %u201C(i) the making of reproductions by and for end users;
o %u201C(ii) reproductions made on servers owned or controlled by the licensee; and
o %u201C(iii) incidental reproductions made in the normal course of engaging in activities described in subparagraph (A), including cached, network, and RAM buffer reproductions; and
* %u201C(C) other activities constituting a digital phonorecord delivery.
%u201C(2) BLANKET LICENSES.%u2014A person may obtain a compulsory license to engage in activities subject to this subsection only from a designated agent under paragraph (4) and only if the person is a digital music provider. A person may engage in activities subject to this subsection under authority of a compulsory license only%u2014
o %u201C(A) if such license was obtained by a digital music provider and
o %u201C(B) with respect to end users with which such digital music provider contracts or has a direct economic relationship.
ripped from blindmindseye.com - ConceptJunkie, on 10/12/2007, -11/+16@romper:
Why? Do you live in a crime-ridden city with crumbling infrastructure run by a hopelessly incompetent and corrupt local government? - Caulfield, on 10/12/2007, -3/+8@bjsiders: DC elects two "shadow senators" and a "shadow representative" who do not have voting rights in congress, essentially making them figureheads. I always find it interesting, as a Canadian, that the "Land of the Free" refuses to give the citizens of DC democratic representation in their government. Puerto Rico, as a US Territory, it could be argued, has better federal representation than DC.
- Xalorous, on 10/12/2007, -1/+6search for analog hole, there's existing legislation and legal precedent that cover analog and analog taping
-
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