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To hide behind children is indefensible in an act of war.

Yet Sen. Hatch, Sen. Daschle, and a few others are doing just that.  Now I could get into that there is a “war for America’s morals” going on right now.  But that is not what this is about either.  This war is about power; who has it and how to keep those folks in check.  But before I go on, I should show you what Sen. Hatch and his new pals are doing:

S. 2560 (g)(1) has this to say:

“In this subsection, the term ‘intentionally induces' means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial“

Whoa!  Let us read that a bit slower but in laymen terms:

            “You can no longer use paper and pencils, for create acts of infringement.”

Hey, Justin, you seem to be exaggerating.  Well maybe, that I am… mostly.  But really think about it now.  I can use a pencil to copy lyrics to a song down on paper.  That right there is “infringement” on the copywrite.  So again I used an over simplified why of breaking this down.  But I see nowhere in this bill that would prevent someone in making a judgment call that I am in clear violation of this bill.

Now getting back to the title of this rant, this I took from Sen. Hatch’s website:

“…It is illegal and immoral to induce or encourage children to commit crimes,” said Hatch.

“Tragically, some corporations now seem to think that they can legally profit by inducing children to steal,” said Hatch. “Some think they can legally lure children into breaking the law with false promises of ‘free music.’”

“This carefully drafted, bipartisan bill would simply confirm that existing law should allow artists to bring civil actions against parties who intend to induce others to infringe copyrights,” continued Hatch.

“This bill remedies a threat to the security of copyrights as well as to our citizens and children. Some corporations distributing so-called ‘peer-to-peer filesharing software’ have hit upon a truly malicious business model,” said Hatch. “These corporations know better than to break the law themselves so they profit from infringement by inducing users of their software to do the ‘dirty work’ of actually breaking the law. Because about half of the users of this software are children, this for-profit piracy scheme mostly endangers children who are ill-equipped to appreciate the illegality or risks of their acts…”

 

It goes on and on with more bullshit how he’s just protecting the kids and the adults (p2p, owners) are making money off these kids.  Wait a minute.  This sure seems like a short cut to get around the “Sony Corp vs. Universal City Studios Case.”  (aka The Betamax Case)The industry has been trying to figure out a way around this one for years now.  Simplified, the Betamax Case is the case that let us have VCRs.  The exact thing that they are trying to put a stop to with this bill, is what the UCS tried to do back in 1984.  As always The Industry acts first acts like a spoiled child instead of figuring out how to use this emerging technology  to their advantage (example, after UCS lost the 1984 case, suddenly we had video stores.)  The Industry by helping Sen. Hatch and his cronies to get this bill passed will I fear stop and kill our progress of the last 20 years.

The Industry thinks that they are the only ones that can circumvent the laws. However we the people have a greater will then The Industry will ever be able to comprehend and because of that we (we being the consumers) will win the war.

I’m not done with this yet… but here are some links:

Betamax Case

More Betamax Case

The Bill's text

Hatch's Letter


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