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Thread: Obama, Biden sends a clear message to pirates.

  1. #1

    Default Obama, Biden sends a clear message to pirates.

    DailyTech - Obama Administration Announces Massive Piracy Crackdown

    The interesting parts is this.

    "The White House's vision is perhaps a prelude to the Anti-Counterfeiting Trade Agreement, which will go before Congress later this year. The bill would make P2P or BitTorrent client development a criminal offense if the distributed software was used for infringement. It also implements an interesting provision called "imminent infringement", which allows the government to charge people who they think might be about to infringe with a civil offense (for example if you searched "torrent daft punk"). This is among the first official "thought crime" provisions to be proposed by the U.S. government. The bill also makes it a criminal offense to bypass DRM."

    So thinking about torrenting something that will be illegal to do will be a crime. Which leaves me to believe that at some point just looking up how to torrent will be illegal someday as well. Then the part about it being illegal just to crack DRM is insane to me. Especially with the bullshit Securom EA uses on some of its PC games. That DRM only lets you install the game 5 times then you have to call EA and pretty much beg them to give you after installation. So even if you legally own the game, if you lose your CD key, or EA decides to not let you install the game you paid for.. it will be illegal to bypass the DRM for something you already freaking paid for!

    oh also, most of the people I ever met/saw.. have pirated before. See ya in prison guys. I'm glad they got time to go after people who pirated music, videos and games.. clearly their aren't bigger fish out there.. . murderers, pedophiles, illegal immigrants, corrupt politicians.. etc.

  2. #2

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    Quote Originally Posted by Fire2box View Post
    DailyTech - Obama Administration Announces Massive Piracy Crackdown

    The interesting parts is this.

    "The White House's vision is perhaps a prelude to the Anti-Counterfeiting Trade Agreement, which will go before Congress later this year. The bill would make P2P or BitTorrent client development a criminal offense if the distributed software was used for infringement. It also implements an interesting provision called "imminent infringement", which allows the government to charge people who they think might be about to infringe with a civil offense (for example if you searched "torrent daft punk"). This is among the first official "thought crime" provisions to be proposed by the U.S. government. The bill also makes it a criminal offense to bypass DRM."

    So thinking about torrenting something that will be illegal to do will be a crime. Which leaves me to believe that at some point just looking up how to torrent will be illegal someday as well. Then the part about it being illegal just to crack DRM is insane to me. Especially with the bullshit Securom EA uses on some of its PC games. That DRM only lets you install the game 5 times then you have to call EA and pretty much beg them to give you after installation. So even if you legally own the game, if you lose your CD key, or EA decides to not let you install the game you paid for.. it will be illegal to bypass the DRM for something you already freaking paid for!

    oh also, most of the people I ever met/saw.. have pirated before. See ya in prison guys. I'm glad they got time to go after people who pirated music, videos and games.. clearly their aren't bigger fish out there.. . murderers, pedophiles, illegal immigrants, corrupt politicians.. etc.
    Does Obama have a Phillip K. Dick fan in his staff or something?

    This seems more like science fiction than reality. If such a thing passes where it is illegal to even think about doing something...All I know is that this concept is really scary. If such a law is enacted, I am moving elsewhere. I don't think most people would go for such a thing, and if politicians are really supposed to represent their people, they will shoot this down.

    I didn't know that about EA, and I can't imagine why they would do such a thing in the first place... unless frustrating your loyal customers is a standard business practice.

    I agree that the government should be focusing their resources elsewhere. Defending intellectual property is one thing, but criminalizing most of your citizens and infringing on their right to think is another.

  3. #3

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    Well, it seems that I'm definitely moving to Canada in the next 8 years or so. This would be such a massive invasion of privacy it's scary.

  4. #4

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    Quote Originally Posted by pastrami View Post
    Well, it seems that I'm definitely moving to Canada in the next 8 years or so. This would be such a massive invasion of privacy it's scary.
    Don't worry, if the conservatives get there way soon breaking a DRM (or providing means to do so) will be a criminal offense up here too...

  5. #5

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    Well, In my opinion, I don't think they are gonna stuff half of Americans into jail. It's just another way for the government to make money issuing fines. They seem to only care about making money, yes, government is more of a business than a whatchumacallit. They spend as little money as possible, and they short change road projects, education, and a whole shit ton of other things. Everyone knows what I'm going on about here, so you can figure it out from there. You think the artists that make these songs, movies are getting money from those finmes? no! they are gonna have to spend tons on court fees and sue individuals themselves. They are gonna need to make a huge amount of prisons for the people that don't pay? They can pass what they want to pass, but, exactly how are they gonna prosecute half of America?

  6. #6

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    Meh, private torrents are the way to go anyhow. Wonder what they're going to do with all those Linux distros with torrent programs pre-installed. This will struggle until politicians get busted for downloading (e.g. the younger, up-and-coming, tech politicians) something trite and then they'll all spout off like it's a right and it's no big deal. I'll laugh if Obama's phone gets nabbed with illegal mp3s while traveling to a 'no mp3s' country-- wait, that can't happen because diplomats are immune.
    something akin to this: http://torrentfreak.com/director-fur...-movie-100621/
    Do you really think this is going to snuff downloading anyway?

  7. #7

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    Quote Originally Posted by Fire2box View Post
    DailyTech - Obama Administration Announces Massive Piracy Crackdown

    The interesting parts is this.

    "The White House's vision is perhaps a prelude to the Anti-Counterfeiting Trade Agreement, which will go before Congress later this year. The bill would make P2P or BitTorrent client development a criminal offense if the distributed software was used for infringement. It also implements an interesting provision called "imminent infringement", which allows the government to charge people who they think might be about to infringe with a civil offense (for example if you searched "torrent daft punk"). This is among the first official "thought crime" provisions to be proposed by the U.S. government. The bill also makes it a criminal offense to bypass DRM."

    So thinking about torrenting something that will be illegal to do will be a crime. Which leaves me to believe that at some point just looking up how to torrent will be illegal someday as well. Then the part about it being illegal just to crack DRM is insane to me. Especially with the bullshit Securom EA uses on some of its PC games. That DRM only lets you install the game 5 times then you have to call EA and pretty much beg them to give you after installation. So even if you legally own the game, if you lose your CD key, or EA decides to not let you install the game you paid for.. it will be illegal to bypass the DRM for something you already freaking paid for!

    oh also, most of the people I ever met/saw.. have pirated before. See ya in prison guys. I'm glad they got time to go after people who pirated music, videos and games.. clearly their aren't bigger fish out there.. . murderers, pedophiles, illegal immigrants, corrupt politicians.. etc.
    Prelude: I am not a lawyer. I have, however, previously been employed as a Network Engineer for an ISP in a position that had to respond to LEO subpoenas and deal with DMCA notices. The following paragraphs are the result of 15 years in the Telecommunications and Internet industry, as well as my own research.

    In the US it's already a criminal act to bypass DRM via the Digital Millennium Copyright Act (DMCA). The DMCA makes it illegal to circumvent any digital copyright protection. They may be wanting to apply stricter provisions, however.

    The "Thought crime" provision I suspect won't outlast a court challenge. Using your example, they would have to require every web site on the planet that has a search box to report back to the police every time that phrase was entered, then they would have to subpoena ISPs for subscriber information, and then they'd have to prosecute and prove that there was actually imminent infringement about to happen and not just idle curiosity, or a report for school, or a typo, or a virus, or any number of other things. And that's not even getting into the realms of prosecuting a person for a crime they didn't commit!

    Finally, to wrap up my tackling the points in reverse order, I also do not believe that making P2P software (of which BitTorrent is one protocol used) a criminal offense after said P2P software is used in a crime is going to stand up in court either. For two reasons:

    1) Prior precedent - Glock, Smith and Wesson, etc. have previously been shown to not be liable when someone is killed using a gun. So, if this law stands, downloading a song or movie is now such a heinous offense as to be worse than murder, so much so that people and companies that are not directly involved in the crime are held liable. This also falls under the category of not being able to hold the Brown-Forman Corporation liable if someone has too much Jack Daniels and drives their car into a storefront, or a Barnes and Noble or MacMillian liable if I buy a book and then make a photocopy of it for a friend. Incidentally, with the wording of that article, it could extend so far as to implicate Microsoft, Apple, Intel, AMD, HP, Dell, Acer, and every other essential computer component manufacturer. I couldn't torrent if I didn't have an Operating System, and I wouldn't need the OS if I didn't have hardware capable of running it.

    and

    2) There is legal precedent that holds that since a software application is written in a programming language that is used to convey information that the act of writing a program invokes the First Amendment, and is therefore protected. (Citation: Bernstein v. US Department of Justice | Electronic Frontier Foundation and Source code - Wikipedia, the free encyclopedia). That type of software was actually classified as a weapon, and was still considered free speech.

    Note, none of this will stop Congress from passing the law, nor el Presidente from signing it. Most of this will have to be worked out by the SCOTUS.

  8. #8

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    FWIW, the secret ACTA treaty negotiations that the entire tech world has been buzzing about for years started under Bush, which is to say, apparently the stupidity of draconian attempts to stop internet piracy crosses party lines....which is to further say that this may well pass Congress quite easily.

  9. #9

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    Quote Originally Posted by NutFreeFruitcake View Post
    FWIW, the secret ACTA treaty negotiations that the entire tech world has been buzzing about for years started under Bush, which is to say, apparently the stupidity of draconian attempts to stop internet piracy crosses party lines....which is to further say that this may well pass Congress quite easily.
    This, pretty much.

    This isn't an issue of party, but of the government as a whole. Let's be glad that so far, nothing has been announced, but I wouldn't advise pointing this as an Obama Administration Blunder unless you're totally sure that Bush wasn't involved with it too (and he was) and that the Republicans aren't going to be wholeheartedly for this. This is a case where BOTH sides are bad.

  10. #10

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    Quote Originally Posted by NutFreeFruitcake View Post
    FWIW, the secret ACTA treaty negotiations that the entire tech world has been buzzing about for years started under Bush, which is to say, apparently the stupidity of draconian attempts to stop internet piracy crosses party lines....which is to further say that this may well pass Congress quite easily.
    Which is exactly why I put this on here. I don't expect im the only one who thinks this is a horrible idea.

    (off topic) Also who else think's Biden is dumb when he said that pirating is like breaking a window on fifth ave in New York and stealing the window display is exactly like pirating? This is the same guy who didn't know he saw Avatar. Is he really better then Sara Palin at all? :P

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