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Copyright Cops?

Discussion in 'After Hours Lounge (Off Topic)' started by MatthewA, May 31, 2008.

  1. MatthewA

    MatthewA Well-Known Member

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    According to this article, there is an international effort to make it so governments can legally invade your iPods and destroy them if they find pirated music. How they are going to prove the files are copyrighted is another matter:
    Anti-Counterfeiting Trade Agreement - Wikipedia, the free encyclopedia
    I always believed the greatest threat to our liberties came from the mass media and its thugs.
    These people must be stopped. I do not condone piracy, but I believe such matters should be civil matters, not criminal ones. This is just plain evil and possibly unconstitutional.
     
  2. Dennis Nicholls

    Dennis Nicholls Well-Known Member

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  3. TravisR

    TravisR Well-Known Member

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    I certainly don't know the laws of other countries or their political systems but I can not imagine that any country's law makers would create laws that would piss off the people that they're trying to get to keep voting for them. It would be useless to even try to enact a law like that because there would be a huge outcry against it.
     
  4. MatthewA

    MatthewA Well-Known Member

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    Unreasonable searches and seizures, expressly prohibited by the Fourth Amendment constitution. I reiterate: how are they going to prove the source of music on an iPod, as to whether or not it was taken from a CD or a legally purchased iTunes file? What recourse does one have if the supposedly infringing material was destroyed in error?
    No one is challenging the rights of intellectual property owners, but the callous disregard of the physical property rights of others.
    Racial discrimination was also once held to be constitutional, by a ruling that was overturned (Plessy v. Ferguson, overturned by Brown v. Board of Education). The Supreme Court isn't always right. Frankly, with their appalling decision in Kelo v. City of New London I have little faith in their belief to uphold the rights of individuals, including property.
    These specific concerns only apply to the United States, and I don't know what protections, if any, individuals have against this. I am simply concerned that a Pandora's Box is about to be opened. The 1974 incident involving Roddy MacDowall and the FBI concerning film prints he acquired by legal means was the tip of the iceberg.
    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
     
  5. MatthewA

    MatthewA Well-Known Member

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    Because the Hollywood studios and record companies have a great deal of clout in the House and the Senate, and in both parties. The late, non-lamented Jack Valenti worked for LBJ. We all know that the music industry is a propped-up corpse; its business model, not updated since the days of piano rolls, being propped up by its lawyers.
    Politicians blabber about sex and violence in movies but roll over and play dead for them when it comes to balance between the rights of intellectual property owners and the physical property rights of consumers.
    It is because of people like this that the price of freedom is eternal vigilance.
     
  6. TravisR

    TravisR Well-Known Member

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    I'm sure the entertainment industry does have a lot of clout but they don't have the clout that will make a politician vote for a law that will drive his constituency berserk by allowing the government to destroy their property.
     
  7. BrianW

    BrianW Well-Known Member

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    Wanna bet?
     
  8. Brian^K

    Brian^K Well-Known Member

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    As someone who creates copyrighted materials, I think our government isn't doing enough to secure our copyrights.
    Let 'em search, and let 'em sanction the craven violators.
    (And Orrin Hatch is a bozo.)
     
  9. andrew markworthy

    andrew markworthy Well-Known Member

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  10. TravisR

    TravisR Well-Known Member

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    There's always an exception to a rule but do you really think that that will get passed? No because (once again) no one will risk pissing off their constituency by voting for that.
     
  11. Brian^K

    Brian^K Well-Known Member

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    Creating copyrighted materials is the main source of income for many people. As such, it is something worth getting "into a froth about" (in your words). [​IMG]
    Copying is theft. Charging what the market will bear for leisure purchases is not price gouging. It's called capitalism. There is no manipulation going on. There is no crime going on. Those are accusations without merit. What the record companies are doing is a "non-crime" (in your words). You're totally off-base with your assertions; what's worse, your statements can be construed by the unscrupulous as a rationalization for their transgressive and therefore morally objectionable behavior.
     
  12. andrew markworthy

    andrew markworthy Well-Known Member

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  13. BrianW

    BrianW Well-Known Member

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  14. Brian^K

    Brian^K Well-Known Member

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    Please be more specific in your inquiry.
     
  15. Holadem

    Holadem Well-Known Member

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    Damn. [​IMG]
    --
    H
     
  16. Dennis Nicholls

    Dennis Nicholls Well-Known Member

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    And no matter who wins this argument, we IP lawyers get paid. [​IMG]
     
  17. Matt Stryker

    Matt Stryker Well-Known Member

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    my question is, who is going to want to do the searches (and make the decision to confiscate or destroy)? My guess is that the different agencies will be tossing that football around for some time. This stuff has lawsuits over profiling, wrongful confiscation, failure of due process written all over it. But my guess is Customs will still get stuck with it, but will rarely use the priviledge unless they have a prior tip-off to warrant the search - which doesn't seem any different than today as Dennis pointed out.
    There was a story a few years back about customs guys training dogs to sniff the smell of writeable CDs in luggage to try to catch inbound DVDs:
    DVD-Sniffing Dogs (Comments)
    The problem was, they detected every writeable DVD, including say your backed up mail files, videos of Jonnys 1st birthday, etc. So now they are working in commercial shipping facilities, trying to detect larger shipments.
     
  18. andrew markworthy

    andrew markworthy Well-Known Member

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    Brian, you are normally calm and rational, so I can only assume that this issue has touched a raw nerve. I shall not make any further comments on this issue as clearly it is upsetting you too much.
     
  19. KurtEP

    KurtEP Well-Known Member

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    [​IMG]
    Next, you're going to be advocating turning the U.S. back to the British, because, ya know, that revolution was illegal.
     
  20. drobbins

    drobbins Well-Known Member

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    I agree with this and this is the issue that needs to be addressed. I do not believe that the government should have the right to search your ipods and computers with out probable cause. As I have said in other posts they should not have the right to do roadside checkpoints for DUI either. No matter what the good intention is, it changes:
    "Innocent until proven guilty" into "guilty until proven innocent."
     

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