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Comments on news posted 2003-11-14 13:36:04: New legislation delivers jail time to anyone offering pirated films via a shared drive, but what if a user isn't aware they're sharing pirated films?. ..

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garagerock
Premium
join:2002-06-14
Louisville, KY
 Ignorance of the Law....

Come on, you know the old adage.

Besides, since they can't police themselves, they have to have a legal apparatus to police all of us.


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA

Same thing when...

...you weren't aware you were speeding.

Busted.

It's great to know out government spends more time protecting foreign workers (seeing as most of these films were made outside the US in Canada, England and the like) than U.S. workers.

BTW...those actors, producers, movie companies sure look like they're hurting...but I guess waiting an extra week to buy that turbo Porsche or that Citation V can be a real hardship.
--
Don't get it, demand it! The Anime Network »www.theanimenetwork.com/index.html And something pretty good from the Cooler »elev.ru.orebro.se/ru0369/HAHAHAHA.MPG


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
reply to garagerock
Re: Ignorance of the Law....

Like Steve Martin and the IRS...two words that will get you out of any IRS situation.

"I...forgot."


Brianv5
Low Level Functionary
Premium
join:2001-01-20
Keyser, WV
 Always a way to beat it

C'mon.. its against the law to kill someone too, how often do you see the murderer walk? Laws can't fix a messed up society.
--
Anything can be tweaked!


aliasrlz
Premium
join:2000-09-01
the world

maybe..

Maybe they should just pass a law that executes anyone for even viewing an unreleased film? (seems to be next on the agenda for the MPAA)...

You would think our government has more important security and domestic issues on their hands, like terrorism, murder, guns, rape laws, corruption in business and government, etc... The damn list goes on forever.
--
If you have to ask what EFNET is, you don't need broadband


azinator
CS is the DEVIL
Premium
join:2000-08-12
Alma, AR

One...

...simple solution....shut the internet down...and the companies and government will be rid of all these so called problems...


blueeyesm

join:2003-09-05
Waterloo, ON
·Rogers Hi-Speed

reply to oliphant5
Re: Same thing when...

Welcome to free trade. Free trade caused the Canadian dollar to drop below $1.00 U.S. for over ten years,.. the idea to have cheaper goods imported into the U.S,.. and the movie indutry saw that as an adavtage.

If the U.S. was smart they could have smal towns offer space for shooting movies at the same price as we can. It's not hard to CG in a few skyscarpers and say the scene was in a city,... (just hide the tractor driving by).

As for not protecting U.S. workers - scream at the corporations not the government for the loss of jobs. Just relize thatn they are doing that move as consumers demand everything to be a lot cheaper.


Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
·Site5.com
·AT&T Midwest
·Comcast

It just shows how far behind the government is

Especially when it comes to technology.

There is always a grey area when it comes to the letter of the law. For instance, speeding. If your wife is giving birth to a baby in the car, you think the cop is going to give you a ticket if you get pulled over? Not in that instance. The grey area here will be exploits. I just don't think the government is going to be tech saavy enough to tell the difference between being exploited and knowingly sharing.

Then again, maybe they will. It is very easy to just go on Kazaa and search for films there. Then, just write down the IP address of people illegally sharing films. I think that is all they are going to go after for the time being.

Time will only tell if exploited systems or warez dumps with movies will be targets as well. I can't see why not because they have been in the past. The general concenus is if your system is housing them and distributing, then you are at fault. I know of a few companies with shady network admins who open up FTP sites for warez use who have been slammed before by similar instances. I don't think consumers will be protected...but you never know.
--
My Domain
Nightfall's Hockey and Life Journal


ctceo
Premium
join:2001-04-26
South Bend, IN
clubs:
Cross-Reference

»Re: From Music to Movies


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
reply to blueeyesm
Re: Same thing when...

No, it's permitting foreign nations to have high tariffs on US goods while we don't on theirs...thanks for nothing WTO.


J D McDorce
Premium
join:2001-12-29
Westland, MI

reply to blueeyesm
said by blueeyesm See Profile:
Welcome to free trade. Free trade caused the Canadian dollar to drop below $1.00 U.S. for over ten years
If you check your history, the Canadian Dollar has not been on par with the U.S. Dollar during the past 25 years.

str7

join:2003-07-04
canada

reply to garagerock
Re: Ignorance of the Law....

I'm not sure you understand the topic...

It seems that it is easy to hack onto a computer and then put the movie there for grabs, without the computer's owner even knowing that the movie is on his computer. To boot, the hacker puts the movie in directories that use characters that Windows XP can't delete. So even if the computer's owner finds out the movie is there, he won't be able to delete it easily either.

The article poses the question "Is it fair that the computer's owner be prosecuted and face $250,000 if they didn't put the movie on the computer, had no knowledge it was there and had to take special measures to delete it from the computer?" (since saying your computer was hacked doesn't seem to be a valid defense in court)

The question ain't whether you know the law or not...


gruggni
Oxygen Gets You High

join:2003-07-28
Corpus Christi, TX


broadband users beware

The only way you will end up with a movie (hacked) on your computer is if you have broadband and always leave your computer on and connected. Movies are huge in file size, it takes time to upload something that big especially if your upload speeds are slow. If you have dialup, not even a possibility.

This law won't do much good. All they have to search for are large files over 650MB. If you are trading files this big, then you will draw attention. I guess the law will catch the stupid ones. I would notice hard drive space disappearing if someone was putting movies on my hard drive.
--
When I read about the evils of drinking, I gave up reading.
--Henny Youngman


ReadyForVengeance

@mindspring.com

 what goes around comes around

It is about time that the law be turned on these guys. A crafty hacker could share up movies on a law-maker's computer. I would love to see these guys with the “I didn’t know it was shared on my computer” remarks. I want to see these kooky laws thrown in their faces. Anything that can put an unknowing twelve-year old at risk should be reconsidered and thoroughly thought-out; now, these guys are at it again?! Someone stop this madness!

Do not get me wrong, I am all for copyright protection. As an avid movie watcher, I want my money to be paid to everyone involved with the film. However, trying to pull money from people by the use of laws is as bad as the pocket thief on the streets. The MPAA should get off their asses and figure out a different means of protection instead of hiding behind laws. Better yet, embrace the technology rather than trying to thwart the inevitability.

Kip patterson
Premium
join:2000-10-23
Columbus, OH

The real issue

Calm down folks, it's like any other law.

Someone, maybe the MPAA, finds an unreleased movie being shared on the internet. They get a subpoena from a federal court to require the ISP to divulge the name of the holder of the IP. They then go to the FBI or Attorney General and attempt to convince them that a crime has occurred. (At this point the MPAA is out of the loop.) If they agree, then a federal attorney takes the evidence before a grand jury and attempts to get an indictment. If he is successful, then you get arrested or cited into court, and there is a trial (before a jury if you so choose) for which the standard of proof is that you are guilty "beyond any reasonable doubt"

The new law simply adds a presumption that infringement occured when the movie was shared. The government does not have to prove that someone actually downloaded the movie.

In that respect it is similar to narcotics law. Get caught with a pound of Cocaine and the government does not have to prove that you intended to sell it.

RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

reply to gruggni
Re: broadband users beware

said by gruggni See Profile:

I would notice hard drive space disappearing if someone was putting movies on my hard drive.

A lot of people won't notice, especially if they bought a 120+ GB HD (because the store guy told me it was the best!). And they figure Aunt Ethel's email is taking longer to download due to the time of day.
--
I am not lost, I find myself every time.

evagilon

join:2003-01-10
Imperial Beach, CA
Honestly

Like others have said befor....law just keep honest people honest. The smart and "crooked, evil" file traders will just find another way to not get caught. the spamers did.


n2jtx

join:2001-01-13
Glen Head, NY
·Optimum Online

 reply to J D McDorce
Re: Same thing when...

said by J D McDorce See Profile:
said by blueeyesm See Profile:
Welcome to free trade. Free trade caused the Canadian dollar to drop below $1.00 U.S. for over ten years
If you check your history, the Canadian Dollar has not been on par with the U.S. Dollar during the past 25 years.

...but it is coming back. $1.30/CA to $1.00/US and actually hit around $1.29/CA yesterday. Not good when I am in Toronto next week. Still I did benefit from the $1.60/CA rate a year ago.


Karl Bode
News Guy
join:2000-03-02

Host:
Road Runner
PC gaming GAMES
PC gaming Tech
reply to Kip patterson
Re: The real issue

quote:
They get a subpoena from a federal court to require the ISP to divulge the name of the holder of the IP
Hasn't the use of the DMCA against file traders shown that there's little more than a law clerk rubber stamp required to begin tossing legal threats around?

Who steps in to protect a falsely accused user whose server was used to host illegal pre-released films? Someone whose been told they can settle for $4,000 out of court, but doesn't have the cash for a protracted legal battle?


mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY
·Verizon FIOS
·Optimum Online

 What the hell..

Are the MPAA trying to get themselves hated as much as the RIAA? They just better stop lobbying these bullshit and unfair laws, or else I'll just only watch movies rented from Blockbuster.

MPAA, you're just asking to be slammed bigtime (ie website hacked, etc)

$250k is completely unfair to the average person over a silly movie, wether is leaked or the full thing.
--
Play ET!
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