Oh, fer pete's sake

[unixronin]

As if copyright law wasn't being abused enough already, Congress is preparing to amend copyright law to make infringement penalties more severe and create not one, but TWO new Federal bureaucracies to enforce copyright law.  First, there's a new agency (to be called WHIPER, "White House Intellectual Property Enforcement Representative" — is that a stupid name for an agency, or what?) whose head would be appointed by the President and confirmed by the Senate, appearing to put the position on a par with the Attorney General (in salary as well as in seniority).  WHIPER appears to be for overseas copyright violation, and would include 10 "intellectual property attaches" dispatched to US embassies.  Then as if that wasn't enough, a new Intellectual Property Enforcement Division will be created under the Department of Justice.

Among other provisions, the new law would make maximum penalties easier to obtain by eliminating the "ten works within 1980 days" requirement, and would apply civil asset forfeiture to any computer or network hardware used to "facilitate" a copyright crime.  Not "used to COMMIT a copyright crime", mind you, but "used to FACILITATE a copyright crime."  What does "facilitating a copyright crime" include?  Does that mean that if someone sells something on eBay that turns out to be illegally copied, the Justice Department gets to go seize all of eBay's hardware?  Your guess is as good as mine.  Does an ISP "facilitate" copyright crime by allowing copyrighted works to flow across its network?  How about a common carrier?  Does Dell "facilitate" copyright crime by selling computers?  Microsoft, by selling operating systems?  Rio and Apple, by making MP3 players?  TDK and Memorex, for selling CD blanks?  Samsung and Plextor for making CD and DVD burners?  TiVo for making DVRs?

TEH STUPID!!!  IT BURNS!!!

(Rumors that the RIAA have been granted exemption from due process and the Fourth Amendment are probably exaggerated.  Somewhat.  So far.)

Can't we just round up the whole of Congress and tar-and-feather the bastards?

Comments

[ilcylic.livejournal.com]

"Any computer or network hardware used to facilitate", if rigorously applied and enforced, allows the fedgov to seize basically every last bit of fiber on the planet.

[unixronin.livejournal.com]

Yeah, that was sort of my point.

[ilcylic.livejournal.com]

You'd think that, say, AT&T would campaign against this.

How fucked are we when my first reaction is "which corporate interest will have to appeal in my favor to not get screwed by this new law?"

[unixronin.livejournal.com]

heh.

As I was saying elsewhere just the other day, I find it depressing that there are so many subjects — politics, economy, environment, foreign policy, energy, and more — that I find myself pondering at different times and thinking, "We are SO screwed."

[roseate1.livejournal.com]

The only comfort I find in times like that is "the wheel always turns". One way or another, they'll overreach, there'll be push back, the empire will crumble, the oppressors will be overthrown, people will act for change... something will happen, something always happens, it's just a matter of "when" and "how".

Cold comfort though, sometimes, I'll admit.

[cymrullewes.livejournal.com]

you are here by invited to a Housewarming on 1/5/08 in Gilford, NH. E-mail alaric@caerllewys.net for directions.