[TriLUG] (Slightly OT)New Bill in Congress would make file-swapping a felony

[David A. Cafaro]

OK, now while I do agree on the whole giving away copyrighted material
is illegal, sharing files you don't own the copyright is illegal, and it
is necessary to protect those who have copyright interests, there is one
small detail we are overlooking here.  In our Constitution it makes it
very clear that we as citizens are to be protected:


Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.


I think the proper question is, would this law impose "excessive fines"
or "unusual punishments"?  From what I have read so far it appears part
of this law assumes that in P2P activity with a copyrighted file
involves more than ten copyright violations (no matter if it happens to
be only one file/song/etc) and hence has a retail value of $2500.  This
value then makes it a felony and brings in the 5 year/$250,000 fine. 
Now obviously someone sharing several albums worth of copyrighted Music
is stealing in my opinion and I have no problem with the felony count
(they broke the law and it would seem they did it knowingly and
willingly).  But say your mom/brother/sister put up a mp3 of a song they
really like on their website cause they wanted everyone to know about
how cool this song is and they should go to the store and check out this
group/singer, or better they just wanted some background music for their
website while people browse (which that page design idea alone should be
punishable with a good flogging!).  Your mom/brother/sister can now be
eligible for 5 years and/or a nice $250,000 fine.  Breaking the law
should be punished, but we must also remember that the punishment should
be in relation to the crime committed.

Just my take on it, being an American Law Abider and believer of the
constitution. ;-)

-David

On Thu, 2003-07-17 at 11:04, American Law Abider wrote:
> Oh, my gosh and can you believe that it is also a bill that if you 
> murder someone you can go to jail as well!!  Its called the law, and if 
> people would abide by it there would not be these bills passing around 
> in congress.  From what I read in the bill the posting *copyrighted* 
> material is against the law.  So based on your rationale, it would be 
> legal to "share" material, so I am going to borrow some cars from CarMax 
> and leave them on the side of the road for everyone to use at.  hmmm, 
> that sounds like the same theory of file sharing.  Maybe, I am reading 
> the wrong bill, but copyright is the law and if you break that law by 
> posting it on the internet for everyone to use you should be punished.
> Regards,
> American Law Abider
> 
> prhodes at vdsinc.com wrote:
> 
> >
> >
> >There's a new bill floating around in Congress, which would make uploading
> >even ONE
> >file over a P2P network a federal felony... get this... punishable by FIVE
> >YEARS in
> >jail, and a $250,000 dollar fine.
> >
> >Holy draconian laws, batman!
> >
> >More details and discussion can be found at /.
> >http://yro.slashdot.org/article.pl?sid=03/07/17/1250203
> >
> >Anybody who thinks this is stupid, please contact your congressional
> >representatives, and register your opposition to this nonsense....
> >
> >
> >Phillip Rhodes
> >Application Designer
> >Voice Data Solutions
> >919-571-4300 x225
> >prhodes at vdsinc.com
> >
> >Those who are willing to sacrifice essential liberties for a little order,
> >will
> >lose both and deserve neither. - Benjamin Franklin
> >
> >This country, with its institutions, belongs to the people who inhabit it.
> >
> >Whenever they shall grow weary of the existing government, they can
> >exercise
> >their constitutional right of amending it, or exercise their revolutionary
> >right to overthrow it.  - Abraham Lincoln
> >
> >No citizen shall be denied the right to bear arms, if as a last resort, to
> >protect themselves from tyranny in Government. - Thomas Jefferson
> >
> >  
> >
-- 
David A. Cafaro <dac(at)cafaro.net>
Sys Admin to User: "You did what?!?"