Jul -- Computers and Technology: PRO-IP Act now law in US...

Sponty
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Posted on 10-15-08 03:17:28 PM (last edited by Spontaneous Madness at 10-15-08 12:17 PM)

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GuyPerfect
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Posted on 10-15-08 04:14:25 PM

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Why is this a problem? "Oh no, it's not legal to have illegal stuff! This law sucks!" They'd do the same if you were harboring aliens or growing pot in your basement. If you're breaking the law, there will be consenquences if you get caught.

Moral: Don't break the law.

Hiryuu

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Posted on 10-15-08 06:44:01 PM

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The thing is, it doesn't matter if you've pirated or not. This allows the RIAA and MPAA to be far more intrusive than they've ever been and make claims that can or can't hold up in court against any given individual regardless of whether they've pirated or not.

THAT'S THE PROBLEM - invasion of privacy will now spike.

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Posted on 10-15-08 06:51:27 PM

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Originally posted by GuyPerfect
Why is this a problem? "Oh no, it's not legal to have illegal stuff! This law sucks!" They'd do the same if you were harboring aliens or growing pot in your basement. If you're breaking the law, there will be consenquences if you get caught.

Moral: Don't break the law.

You say this as if we live in some perfect world.

For all they know, the MP3s I have on my system from Scorpions - Best of Rockers & Ballads is pirated. (It isn't.) What proof do either of us have? I lost the CD a while ago (hence why I ripped them). Convinient excuse, ain't it?

Also, consider that the MPAA/RIAA is already suing people with little to no evidence, backing away whenever somebody actually fights back.

How the hell did this ever pass?

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Darkdata
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Posted on 10-15-08 06:58:44 PM

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Originally posted by Xkeeper
How the hell did this ever pass?

Here, have some "gifts". Now vote for this law you have little understanding of.

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Hiryuu

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Posted on 10-15-08 07:43:02 PM

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It passed because of pressure and Bush's approval rating.

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Posted on 10-15-08 07:47:09 PM

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Originally posted by Fate Testarossa
THAT'S THE PROBLEM - invasion of privacy will now spike.

Any judge in his right mind won't issue a search warrant without reasonable cause (presentable evidence, in most cases) that an individual is in fact breaking the law. How the FUAA will use this law is an issue of concern, but it'd be pretty easy for them to step over the line and get shot at.

Originally posted by Xkeeper

Hey, there it is! I was wondering what was taking so long. I've had this avatar ready for quite some time! Is this the admins' way of saying they're intimidated by a post?

Hiryuu

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Posted on 10-15-08 07:49:10 PM

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Originally posted by GuyPerfect
Originally posted by Fate Testarossa
THAT'S THE PROBLEM - invasion of privacy will now spike.

Any judge in his right mind won't issue a search warrant without reasonable cause (presentable evidence, in most cases) that an individual is in fact breaking the law. How the FUAA will use this law is an issue of concern, but it'd be pretty easy for them to step over the line and get shot at...

What the hell do you know? It's been done several times in the past - hence RIAA/MPAA's bad rap.

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Posted on 10-15-08 07:50:02 PM

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Originally posted by GuyPerfect
Originally posted by Fate Testarossa
THAT'S THE PROBLEM - invasion of privacy will now spike.

Any judge in his right mind won't issue a search warrant without reasonable cause (presentable evidence, in most cases) that an individual is in fact breaking the law. How the FUAA will use this law is an issue of concern, but it'd be pretty easy for them to step over the line and get shot at.

And consider what I just said. The definitions of "breaking the law" are so incredibly warped for these people that 99% of the time the evidence is either completely fictional bullshit, entirely inapplicable, or otherwise invalid. In short, needing evidence to actually do something means nothing to people; they'll just make it up and claim the existance of any MP3 at all as "infringment", regardless of other circumstances.

Originally posted by somebody else

Hey, there it is! I was wondering what was taking so long. I've had this avatar ready for quite some time! Is this the admins' way of saying they're intimidated by a post?

That wasn't me, and no, it means that we as a collective entity feel that your post is stuck-up, elitest, stupid, incomprehensible, or otherwise irrelevant.

Hint.

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GuyPerfect
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Posted on 10-15-08 08:05:06 PM

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I do not believe that the legal system is corrupted beyond redemtion or that suggestions to the contrary are unjustifiable. While my knowledge of cases involving the RIAA and MPAA is by no means comprehensive, the only ones I can think of did involve people who were illegally pirating media. I do find those entities to be obnoxiously ambitious, but I don't see this new law as being inherently problematic. It's just an extension of the "if you break the law, then..." scenario.

They're still not exempt from proving beyond a resonable doubt that the accused is in violation of the law. While I'm sure some judges have let it slide, I wouldn't consider that normal. Maybe the only ones you hear about in the news, but not normal.

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Posted on 10-15-08 09:42:31 PM

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Originally posted by GuyPerfect
While my knowledge of cases involving the RIAA and MPAA is by no means comprehensive, the only ones I can think of did involve people who were illegally pirating media. [...]

They're still not exempt from proving beyond a resonable doubt that the accused is in violation of the law. [...]

Okay, that's enough. I'm making this an official requirement:

This is required reading starting right fucking now. Get yourself up to speed on things before you start sounding like some "the law is always right because they'd never let them do things without proof" idiot.

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Hiryuu

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Posted on 10-15-08 09:58:24 PM

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Hell, with all the talk about confiscating anything related to MP3 usage from computers to cell phones I would wonder how close it is to violating the Eighth Amendment for 'cruel and unusual'...

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Posted on 10-15-08 10:35:53 PM

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I'll stop posting in this thread as per your considerations, Xkeeper, but the article you linked shows to reinforce what I've been saying:

As they have for the entirety of the litigation campaign, the RIAA investigators targeted "uploaders"—individuals who were allowing others to copy music files from their "shared" folders.

That is to say, the RIAA are playing it safe and only going after people who can be shown to be breaking the law.

Then the legal landscape changed. On December 19, 2003, a federal appeals court agreed with Verizon that the DMCA subpoena provision did not authorize the RIAA’s "driftnet fishing" tactics.33 The court overturned the lower court ruling and found that the DMCA subpoenas were available only where the allegedly infringing material was stored on the ISPs’ own computers, not for situations involving P2P file-sharing where the material was stored on a subscriber’s individual computer.

The decision brought the RIAA’s mass-subpoena campaign to a halt. If the RIAA wanted to use the federal subpoena power to identify Internet users, it would have to file a lawsuit and conduct its efforts under the supervision of a judge. In other words, the RIAA would have to play by the same rules as every other litigant in federal court.

The DMCA can no longer be used to subpoena your identity and thusly violate your privacy. As with other cases, it now needs to be brought to the attention of a judge.

Even RIAA "victories" are sometimes short lived. In October 2007, in the first case to reach a jury trial, a Minnesota jury found that Jammie Thomas had infringed copyright by sharing 24 songs and awarded the record company plaintiffs $222,000 in damages. In September 2008, however, the judge threw out the verdict, citing an erroneous jury instruction that stated that Ms. Thomas could be liable for distribution based on the presence of music files in a shared folder, whether or not anyone ever downloaded any of the 24 songs from her computer.63 The ruling joins two others that have rejected the RIAA’s "making available" theory.

There's even precedence that simply having a song on your computer--so much as to make it available to the public--is not good enough evidence that you've broken the law.

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Posted on 10-16-08 12:52:14 AM

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	Great, both the RIAA and the MPAA were already doing as they please. (i.e: a few years back they went against people doing tablature of songs, asking for royalties) ____________________

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Posted on 10-16-08 09:58:30 PM (last edited by carcat at 10-16-08 06:59 PM)

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If the idea that anything could be a violation of copyright laws if it were on you computer, just because it was copied it should be challenged, becomes accepted, I expect this to fail. Mainly because there would be such a large number of cases, each trying to define what is legally copied and what is not.

In my opinion, thses laws add to the hysteria.

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