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Bush enacts PRO-IP Anti-Piracy law


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http://www.pcworld.com/businesscenter/article/152214/bush_enacts_proip_antipiracy_law.html

 

U.S. President George W. Bush Monday signed into law a bill designed to increase protection of intellectual property (IP) such as software, films and music by raising penalties for infringement and creating a national "IP czar."

 

The Prioritizing Resources and Organization for Intellectual Property Act of 2007, or PRO-IP Act, creates a high-ranking IP protection overseer, appointed by the Senate and reporting directly to the president. The position's first appointee will likely come from the next U.S. administration. The U.S. Department of Justice will also form a new division dedicated to enforcing intellectual property protection.

 

Some public advocacy groups had opposed the bill, stating that its penalties were far too harsh and that it didn't balance users' rights and concerns over those of major software, media and pharmaceutical companies. "The bill only adds more imbalance to a copyright law that favors large media companies. At a time when the entire digital world is going to less restrictive distribution models, and when the courts are aghast at the outlandish damages being inflicted on consumers in copyright cases, this bill goes entirely in the wrong direction," said Gigi B. Sohn, president and co-founder of Public Knowledge, a Washington, D.C.-based digital rights group, after the passage of the Senate version of PRO-IP in late September.

 

Even the DOJ came out against certain early provisions in the bill that were later struck, namely that they "could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources."

 

However, American businesses and their advocates were overwhelmingly in favor of PRO-IP. U.S. Chamber of Commerce President and CEO Tom Donohue had called upon Bush to sign PRO-IP. "Mr. President, you will be doing a great service for the nation's innovators, workers, and consumers by signing this legislation into law," said in a speech made last week in Washington, D.C.

 

Although major industry copyright protection groups like the Business Software Alliance, Motion Picture Association of America and the Recording Industry Association of America did not comment immediately on the president's signing the bill into law, the latter two were major supporters of the bill from its introduction last year through its passage in the U.S. House of Representatives and the U.S. Senate.

 

"This bill truly is music to the ears of all those who care about strengthening American creativity and jobs. At a critical economic juncture, this bipartisan legislation provides enhanced protection for an important asset that helps lead our global competitiveness," Mitch Bainwol, chairman and CEO of the RIAA said in a statement following PRO-IP's passage in the Senate.

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3rd paragraph


If they are "consumers" then they aren't in violation of copyright law.

 

 

No freaking kidding. How can anyone be against this, honestly? If you want to give your stuff away for free, then go ahead, but the rest of us actually like the idea that laws are being made and (hopefully) enforced, crazy as it sounds.

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No freaking kidding. How can anyone be against this, honestly? If you want to give your stuff away for free, then go ahead, but the rest of us actually like the idea that laws are being made and (hopefully) enforced, crazy as it sounds.

 

 

I agree...but there are people that will question it just cause it's Bush...shame!!!

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No freaking kidding. How can anyone be against this, honestly? If you want to give your stuff away for free, then go ahead, but the rest of us actually like the idea that laws are being made and (hopefully) enforced, crazy as it sounds.

 

 

the future entertainment market will be free content ("amateur" productions and long form ads) competing with for-pay "professional" content. or thinking it is

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No freaking kidding. How can anyone be against this, honestly? If you want to give your stuff away for free, then go ahead, but the rest of us actually like the idea that laws are being made and (hopefully) enforced, crazy as it sounds.

 

 

From my perspective, the main element of concern would be the vastly increased power of forfeiture -- which if you're familiar with the War On Some Drugs, you know how *that* goes. Aside from that, much of the Pro-IP bill seems to target the business end of the market and seems okay from that perspective.

 

Reading news summaries, it seems like that there's some good stuff in there when it comes to preventing counterfeit materials. Some do worry that the increased statutory penalties will inspire "copyright trolls" bombarding a business with frivolous copyright lawsuits. We'll see.

 

As an individual musician, you will not see a thing change with this bill, IMHO. It's not going to stop P2P piracy.

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not completely. you can still buy cds and dvds if you want to

 

 

Wouldn't that be a component of the "for-pay professional content" competing with the "free content" in the description?

 

The future entertainment market will be free content ("amateur" productions and long form ads) competing with for-pay "professional" content. or thinking it is

 

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good for this!

 

Too many little guys producing software get targeted as bad as the bigger software co's by warez freeloaders. Firm penalties should be taken against those that steal the work of others. Digital or whatever, that's the same as going in retail distributor and stealing right off the shelf.

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I assume this is 3325 not the international one (3464)? yes?

 

does anyone have a redline version of the text of the ac??? - I can only find the ver of 3325 that lists the changes and those get kind of hard to read

 

[One thing that really gets me about so much legal reporting -- articles often talk ABOUT ramifications, but don't supply good information to access the source materials -- the actual bills, court decision/opinion and such]

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This won't help independant artists as we are, it will probably just cut our liberties more.

 

 

 

How so?

not agreeing or disagreeing* just not clear on how you see it playing out

 

*(to be shamefully honest, I haven't even read the act yet. Hell, I'm not even sure if we are talking solely 3325 or including the int'l one too)

 

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I work in the industry with the highest piracy statistics. Nine out of every ten pc games are pirated. The problem with these figures is that they assume just because you downloaded a program or song it means you would have bought it if you did not have that option. "Hypothetically" if I did not have piracy to steal photoshop maybe I never would have become good enough to get a job that pays well enough to purchase it.

 

And I "hypothetically" may have never experienced an amazing life full of music. Music drives some people, and most people simply cant afford to buy every good cd at 15-20 bucks a pop when they are a teenager.

 

And any bands that have not "made it" not giving away their music for free are {censored}ing dumb anyways. Learn to make appealing t shirts and put on a sick show. The music will bring the people in. If someone wants to hear your music and you refuse to let them that says something about you.

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Wouldn't that be a component of the "for-pay professional content" competing with the "free content" in the description?



The future entertainment market will be free content ("amateur" productions and long form ads) competing with for-pay "professional" content. or thinking it is

 

 

no, physical media is going away very soon. for pay content = DRMed content

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I work in the industry with the highest piracy statistics. Nine out of every ten pc games are pirated. The problem with these figures is that they assume just because you downloaded a program or song it means you would have bought it if you did not have that option. "Hypothetically" if I did not have piracy to steal photoshop maybe I never would have become good enough to get a job that pays well enough to purchase it.


And I "hypothetically" may have never experienced an amazing life full of music. Music drives some people, and most people simply cant afford to buy every good cd at 15-20 bucks a pop when they are a teenager.


And any bands that have not "made it" not giving away their music for free are {censored}ing dumb anyways. Learn to make appealing t shirts and put on a sick show. The music will bring the people in. If someone wants to hear your music and you refuse to let them that says something about you.

 

 

Well, and part of that "9/10 PC games are pirated" figure never seems to take into account that it is because the DRM on the games makes it harder to get the legal game to work on your machine than it is to just download a torrent of it.

 

It also doesn't help that 9/10 PC games really bite and people who won't pay for good games, certainly won't pay for games that suck.

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no, physical media is going away very soon. for pay content = DRMed content

 

 

note - your hard drive or flash mem is physical media too - you may be thinking 'distribution method' instead of physical media as a whole

 

 

DRM isn't , itself, for-pay content, it's an enforcement attempt, there are other approaches (there's subscribed streaming, pay-for-view broadcast, non-protected for pay content, etc)

 

but we haven't addressed how any of that leads to :e

 

The future entertainment market will be free content ("amateur" productions and long form ads) competing with for-pay "professional" content. or thinking it is

 

and how purchasable physical media (such as CD) makes that free/for-pay competition in the market not the case :

 

sabriel9v:

Newsflash...it's already like that buddy

 

not completely. you can still buy cds and dvds if you want to

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Well, and part of that "9/10 PC games are pirated" figure never seems to take into account that it is because the DRM on the games makes it harder to get the legal game to work on your machine than it is to just download a torrent of it.


It also doesn't help that 9/10 PC games really bite and people who won't pay for good games, certainly won't pay for games that suck.

 

 

I know about these issues all too well.

 

There is nothing quite like pirating a game you actually helped develop because you couldnt get the activation to work.

 

However the stats we use are based on sales to how many people have patched the games. It's only a little more reliable, but it discounts the people who couldn't get the game to work.

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How so?

not agreeing or disagreeing* just not clear on how you see it playing out

 

I'm going off this text here. You have to read this simultaneously with title 17 as the law heavily cross-references such.

 

I do *not* like the principle of impounding property for mere "deem[ed] reasonable" reasons. But, at least it appears that only the court can order such an impounding. It's not much expanded from what we've got now, anyways (read the current title -- it's pretty draconian there too IMHO). I can see the need (for instance, to immediately stop a massive counterfeiting operation) but don't like open unqualified wording like that -- law abuse is possible.

 

There actually is a benefit for the individual musician: increased protection for those who have a copyrighted work, but either failed to register the copyright or filed a copyright claim that was rejected. My interpretation of the wording, is that failure to file a copyright claim with the Copyright Office, does not necessarily deny you the right to criminal copyright proceedings (only civil lawsuits). This is overall good, I think. It strengthens your case if your uncopyrighted chip tune is sampled by arrogant rappers, for instance. :lol:

 

The focus of the bill is *heavily* on counterfeit items. I have no problem with this portion either.

 

The increased fines, eh. It's not like they were business-geared before. I can see the worry about increased frivolous lawsuits.

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