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story category Putting P2P Devs in Jail
California Senator floats another idea
(old news - 09:13AM Wednesday Jan 19 2005)
tags: legal · Fileswapping
A newly proposed law in California could put p2p developers in jail if they don't take "reasonable care" to stop the piracy over their networks, CNET notes. If you recall, bill creator Los Angeles Senator Kevin Murray also recently tried to make it illegal to trade any copyrighted audio/video files without including your name, address, and e-mail.

Related:
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  2. UK ISPs To Challenge Digital Economy Act
  3. RIAA Warns 1 Million Copyright Violators A Year
  4. RIAA Spent $64 Million On Threats Netting Just $1.4 Million
  5. U.S. Copyright Group Preps New Round Of Lawsuits
  6. Sweden Launching First ISP For Pirates
  7. Hollywood Unveils New DRM Effort: Ultraviolet
  8. Friday Evening Links
Forums » Putting P2P Devs in Jail
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Post a:
navalpatel

join:2003-07-28
Lubbock, TX

Hmm...

Murray is dumbass. If challenged the bill/law would surely be declared unconstitutional because of our right to privacy. Clearly what everyone wants is to record their name/address/e-mail on to every MP3 before sharing it. * rolls eyes *

technick
Premium
join:2000-12-16
Loganville, GA


1 edit

Re: Hmm...

So with this line of thinking, can we arrest the goverment for the stupid laws they produce? How about we arrest the Jesus, since he created religion, and religion fuels these little priests to touch little boys? We can arrest road crews for making roads that people speed on, mcdonalds for making people obese... I am going to stop there.

Honestly I don't know how stupid f**ks like this get elected to goverment. I have half the mind to head for politics myself at this rate.

Here is this guys picture... scarry Uni-brow (sp)

SSX4life
Peace and solidarity to you all
Premium
join:2004-02-13

Re: Hmm...

Dude their site just went down! LOL!
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

said by technick See Profile:

How about we arrest the Jesus, since he created religion, and religion fuels these little priests to touch little boys?
Actually, if you knew a bit about the religion in question you would know that it is the religion that makes it wrong to do that touching. There (according to some reading done long ago) were cultures/religions at one time where that behaviour became acceptable/tolerated.
--
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BonezX
Basement Dweller
Premium
join:2004-04-13
Canada

Re: Hmm...

said by RayW See Profile:

said by technick See Profile:

How about we arrest the Jesus, since he created religion, and religion fuels these little priests to touch little boys?
Actually, if you knew a bit about the religion in question you would know that it is the religion that makes it wrong to do that touching. There (according to some reading done long ago) were cultures/religions at one time where that behaviour became acceptable/tolerated.
i belive he is going after the "clergy is not allowed to get married, have kids, have sex" type thing
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Hmm...

said by BonezX See Profile:

i belive he is going after the "clergy is not allowed to get married, have kids, have sex" type thing
You might be right. That little mis-interpretation of Paul (if I recall correctly) to solve the problem of excess heirs that could not inherit has caused a lot of problems over the years.

But I read his statement as a cause and affect (effect?) statement. One that in reality had nothing in common with the thread being discussed, sort of like saying it is Bush's fault since he started politics.
--
I am not lost, I find myself every time.

Jason Levine
Premium
join:2001-07-13
USA

said by technick See Profile:

How about we arrest the Jesus, since he created religion, and religion fuels these little priests to touch little boys?
Just a nitpik, but Jesus didn't create religion. My religion in particular (Judaism) was around for quite some time before he was even born.
--
-Jason Levine
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calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Hmm...

Good point. And next week, just to keep technick rattled, let's point out that Jesus was a Jew.

calvoiper
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BarneyBadAss
Badasses Fight For Freedom
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join:2004-05-07
00001
Quick, collect the DNA and destroy it so it can't be re-introduced into the population
bigduo13

join:2004-02-17
Saginaw, MI

said by technick See Profile:

So with this line of thinking, can we arrest the goverment for the stupid laws they produce? How about we arrest the Jesus, since he created religion, and religion fuels these little priests to touch little boys?.
LMAO! Sorry dude but Jesus didn't do any of that mess. In fact in the bible Jesus was accused for "doing works on the sabbath" by those that believed in "religion" more then the foretold messiah himself despite his works. If you could arrest jesus for anything it was for dying on the cross for our sins.

anon7007

@rr.com

This is how stupid our Goverment has become. They are literally all idiots.

There is no way a judge would allow this even if they passed it as a law. Its like saying Gun manufacturers should make their guns so they can't be used to commit a crime.

I surely would like to know how these complete idiots get elected to office. Just plain retarded.
navalpatel

join:2003-07-28
Lubbock, TX

Re: Hmm...

Actually thats quite a different scenario. With this bill, the state is forcing a John/Jane Doe to identify him/herself without any justification or proof of a crime being committed.

They are simply trying to bypass the involvement of ISPs because so far the ISPs have been protecting their users by refusing to release the information.
jazzy112

join:2003-12-05
Fargo, ND

That's what happens when the nation decides to elect conservative (republican) representatives to represent this more liberal world. I would bet the people in his district are cheering, largely because the economy depends on the revenue earned by music/movie sales.

The ironic thing is the conservative way is to help thy neighbor, but a good majority of the broadband users are hurting their law abiding neighbors by causing the increases in cd, dvd, cable, and satelite prices.

Yes there needs to be severe changes in how those suits who run the movie and music industry get paid, but their salaries aren't going to change one bit by having a bunch of kids and tight asses stealing (sharing) music and movies. The only thing file traders are doing is getting themselves a bad reputation. while you seem to think you're justified because the artist doesn't get as much as they should anyway, the law abiding folks see it as wrong and not right. And wrong does not mean good. Instead do something useful like watch porn

Christianity was created to improve life and keep immoral people from doing bad things to other people, and to give the majority a reasonable explanation of how they were created.

Mc DOnalds does make you fat, but if your taste buds don't work and you continue to eat that nasty food that's your own damn fault for believing their advertising. I would tend to blame Atari, Nintendo, Sony, MS, and the whole open source community for our obesity problems. Oh did I forget Al Gore for inventing the internet

The highway department isn't responsible for speeders; greedy oil, insurance, and car companies are more to blame for that. In the end it's your own self that is responsible for speeding, even if you have a strong tailwind because you were too cheap to spring for the cruise control. But then don't turn around and blame the car because you were too dumb to shut the cruise off while driving on ice and you wound up in the ditch or dead.
rootbeer1500

join:2004-07-06
Edmonds, WA

Re: Hmm...

said by jazzy112 See Profile:

That's what happens when the nation decides to elect conservative (republican) representatives to represent this more liberal world.
Just one small problem with your statement - Murray's a democrat.

cork1958
Cork
Premium
join:2000-02-26
Fruitport, MI
·Verizon Online DSL
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said by anon7007:

This is how stupid our Goverment has become. They are literally all idiots.

There is no way a judge would allow this even if they passed it as a law. Its like saying Gun manufacturers should make their guns so they can't be used to commit a crime.

I surely would like to know how these complete idiots get elected to office. Just plain retarded.
Same way Bush did. Twice now even!!
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calvoiper

join:2003-03-31
Belvedere Tiburon, CA
·Comcast Formerly ..

said by navalpatel See Profile:

Murray is dumbass. If challenged the bill/law would surely be declared unconstitutional because of our right to privacy. Clearly what everyone wants is to record their name/address/e-mail on to every MP3 before sharing it. * rolls eyes *
Not that I agree with forcing ID disclosure on file trading, but I'd just like to point out that from a CONSTITUTIONAL viewpoint, if they could force you to identify yourself when trading files, they could probably force you to identify yourself by an assigned number when you are driving a car. Oh, wait, they've already done that....

Time for folks to remember that "Unconstitutional" means something other than "whatever I personally consider to be an infringement of my rights."

calvoiper
--
VoIP--the death knell of remaining voice monopolies!
kpatz
MY HEAD A SPLODE
Premium
join:2003-06-13
Manchester, NH

More boneheaded legislation...

While we're at it, should we put gun manufacturers to jail if they don't take reasonable steps to stop someone from using their product to murder someone?

Should we put Ford to jail if they don't design their cars to prevent a drunk from running over pedestrians with it, or use their car as a getaway car in a robbery?

The more they squirm, the more they force the file traders underground... and the piracy will get worse, not better...
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borborpa
Slipping Slowly Into Oblivion
Premium
join:2002-02-20
New Cumberland, PA
clubs:

Re: More boneheaded legislation...

I couldn't have said it better myself.
B777300

join:2002-01-02

Re: More boneheaded legislation...

said by borborpa See Profile:

I couldn't have said it better myself.
Ditto
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Can you say fiber optics?
SixSpeed

join:2001-12-24
USA
Wonder how many campaign contributions his party took from the RIAA and MIAA to put these asshats in their hip pocket like that.

SSX4life
Peace and solidarity to you all
Premium
join:2004-02-13
good lord here we go again.....

SRFireside

join:2001-01-19
Houston, TX

Reasonable steps:

1 - An opening pop-up window on the P2P program that says "Unauthorized distribution of copyright materials is strictly prohibited." You then click OK and move on. Hey. These are the exactly reasonable steps the RIAA uses on their CD's and the MPAA uses on their videos.

2 - Put step one in the first part of the EULA. Put a sentence on that window that says please read the EULA. Most have this "reasonable step" in them already.

3 - Okay this is not a step but how in Hell can they enforce this on developers from another country? With no extradition laws?

rodoke

join:2003-10-28
Carbondale, IL

Re: More boneheaded legislation...

I've never really thought of those as "reasonable steps", more like ways to make sure that for any people they do catch, the noose is already on the tree and around the neck.

Viper007Bond
Premium
join:2002-09-26
Portland, OR

said by kpatz See Profile:

While we're at it, should we put gun manufacturers to jail if they don't take reasonable steps to stop someone from using their product to murder someone?

Should we put Ford to jail if they don't design their cars to prevent a drunk from running over pedestrians with it, or use their car as a getaway car in a robbery?

The more they squirm, the more they force the file traders underground... and the piracy will get worse, not better...
Exactly.
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Wills

join:2001-01-03
Port Charlotte, FL
That's what I want for Christmas. My own bought and paid for politician.

TheMadSwede
Premium
join:2001-01-30
Holland, MI

said by kpatz See Profile:

While we're at it, should we put gun manufacturers to jail if they don't take reasonable steps to stop someone from using their product to murder someone?
People are trying to do that.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
if samual Colt was alive today people would be trying to get him in jail since people have used .45s for murders.
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Thaler
Premium
join:2004-02-02
Encino, CA

Re: More boneheaded legislation...

said by Kearnstd See Profile:

if samual Colt was alive today people would be trying to get him in jail since people have used .45s for murders.
No they wouldn't...there's no money in sending someone behind bars. What people would be REALLY trying to do, is haul his ass into civil court for a "Wrongful Death" lawsuit...get them a crack at those $$$$s.

Chiyo
Save Me Konata-Chan
Premium
join:2003-02-20
Minneapolis, MN
clubs:

... Why not go do real work

Stop kissing the asses of hollywood and get some real work done it seems like every week they come up with something new and nothing ever happens.
Sarge_0321

join:2002-06-27
San Diego, CA

Re: ... Why not go do real work

Exactly. What about getting the potholes filled, streets cleaned, schools built/maintained, teachers paid, city bays cleaned up.. Don't we have more important things to worry about?

TheHelpful1
Premium
join:2002-01-11
Upper Marlboro, MD

Re: ... Why not go do real work

Keep in mind, this is the same state that passed a law that says it's illegal to have sex with a corpse.

I'm not sure which is scarier, the fact that there is a law against it or the fact that there NEEDED to be a law against it.

I forget when that law was enacted, but was it around the same time the porn industry over there had an HIV/AIDs scare?
--
Zuh?

Plasticman
Will Work For Bandwidth
Premium
join:2002-09-06
Harrisville, RI
clubs:

Just Give It Up

How can they justify creating a law like that. The developers are not forcing people to commit piracy. Whats next? Charging gun manufactures with murder for making the gun that killed the innocent kid walking down the street?

Plasticman
--
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mythology

join:2002-10-16
Seneca, SC

Awesome

Sounds like a awesome idea. I wonder why someone didnt think of this before? Lets just toss everyone in jail.

superht1

join:2001-02-22
Kennesaw, GA

Re: Awesome

HEH, I"M not EVEN Budging. Its FUTILE Attempt at Best!

mcfrisch
Revelare Pecunia

join:2000-07-02
Lakewood, OH

Next, they will arrest Bill Gates...

for possession and disseminating criminal tools

Since, campaign contributions are a matter of public record, it would be interesting to see how much he has been paid.
--
Mcfrisch(Cox HSI : Cleveland)

anon7007

@rr.com

Re: Next, they will arrest Bill Gates...

"Since, campaign contributions are a matter of public record, it would be interesting to see how much he has been paid."

I would be interested in knowing this too.

pcscdma
Chocobo Chocobo Random Battle
Premium
join:2004-01-14
Winterset, IA
clubs:

»www.opensecrets.org/politicians/···cle=2002
That's all I could find about that guy on opensecrets.
--
/sbin/shutdown -h now

superht1

join:2001-02-22
Kennesaw, GA
Bill Gates is god, don't mess with him
Money is everything and so a bum can kiss his ass and go to hell
$$$ rules the world
$$$ makes a sheep happy, end of story.

uther

join:2001-12-04
Saint Louis, MO

I could see it now..

P2P developer goes to jail...serving time with a rapist/serial killer/etc. etc...

Inmate asks the P2P Developer... "What are you in for?"

P2P Developer "Creating P2P software, and you?"

Inmate "Murder and rape. Now bend over!"

Heh.. yeah.. Treating P2P software creation the same as murder, rape, and other violent crimes? Totally unreasonable.

Just another fine example of how MPAA/RIAA has the government more or less by the balls..... to create stupid ideas like this.

Legislators that try to pass off crap like this need to go back to their day jobs...
--
Someone set up us the bomb!

Jason Levine
Premium
join:2001-07-13
USA

INDUCE all over again.

Isn't this what we opposed with the Induce act? The assumption that technology makers will be held liable if they don't absolutely ensure that their creations aren't used for illegal purposes?

Also, what constitutes "reasonable care?" Who defines that? Is it reasonable care if a P2P application displays a prompt on startup reminding you not to share or download copyrighted works unless you have the copyright owner's permission to do so? Or do they have to somehow detect what each file is and whether the copyright owner has granted permission for it to be shared/downloaded? (If the latter, then it's pretty much impossible to do.)
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/

woody7
Premium
join:2000-10-13
Torrance, CA
·EarthLink

Hmmmm.........

As a long time resident of California, this is one of the reasons why this state has problems.....this guy should be put in a stupidity jail along with Orin Hatch.....My guess is that it would hopefully be declared unconstitutional along the lines of pryor restraint, or something along those lines. And who(m) would dedide what was "reasonable". Our state is becoming the laughing stock of this country, and we have more pressing problems to deal with than keeping up the profits of the record companies, who by the way should be investigated for their "monopolistic" ways, along with the Motion Picture industry....If you follow his "logic" a case could be made against a lot of other programs, products etc..Wether you like "Ahnuld " or not, he is atleast trying tho fix, solve the problem....and this is what he is up against....and by the way , I am a Democrat, we are not all morons in the golden state.....jmt
--
BlooMe

Vvian Kalyss

join:2003-10-14
Stage 5.0
clubs:

Email

Nothing in any email apps I've ever used checks attachments for pirated content. Jail all those email app devs! and while we're at it, jail the ISP people too, since they facilitate the sending of email.
--
Mikami Vvian, resident Girlfriend of Steel, care of the Tokyo-3 Middle Daughters Club
Goldman

join:2002-06-21
Maumelle, AR

It will be tough to police

P2P app in 15 lines of code:

»www.freedom-to-tinker.com/tinyp2p.htm

winky
Turn Left At The Moon

join:2001-02-11
Saint Louis, MO


1 edit

Re: It will be tough to police

It may be tough to police, but easy to intimidate.
It looks like your link has already felt the heat. Check out the top entry.
»www.freedom-to-tinker.com/
--
Any minor world that breaks apart falls together again.
Goldman

join:2002-06-21
Maumelle, AR

Re: It will be tough to police

WOW! That link went down fast. So much for FREEDOM to tinker. Maybe our government could drop by the board and censor some of the things we are saying about the subject. Wouldn't we all feel safer?

Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:

Re: It will be tough to police

No, you just got the link wrong: »www.freedom-to-tinker.com/tinyp2p.html

Trust me, Ed Felten doesn't fold that easily.
--
Jimmysquid.com - I take pictures.
Goldman

join:2002-06-21
Maumelle, AR

Re: It will be tough to police

Cool, Thanks for the correction.

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net

I was looking

At Senator Murry's MO and this is nothing more then a trolling operation for campaign contributions. This proposed law has not even been registered with the California Senate, nor for that matter did the one making is against the law to transfer P2P titles without a name and address have a Senate file number. He is on the take from the Booze industry, the Insurance cartels, Hollywood,
the motel lobby, etc. His district in north west LA is so small he can kiss every ass in it just by walking around. This is nothing unique, of course, but this is where this professional a$$kisser is coming from.
--
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Vvian Kalyss

join:2003-10-14
Stage 5.0
clubs:

Re: I was looking

said by Transmaster See Profile:

His district in north west LA is so small he can kiss every ass in it just by walking around. This is nothing unique, of course, but this is where this professional a$$kisser is coming from.
LMAO!
--
Mikami Vvian, resident Girlfriend of Steel, care of the Tokyo-3 Middle Daughters Club

superht1

join:2001-02-22
Kennesaw, GA
Whatever works right? regardless of how dumb or impractical it is?
MrShoop

join:2003-05-20
Manhattan Beach, CA

His district may be small in size, but there about twice as many people living there as all of Wyoming.

His district also includes some prime studio territory - Sony, MGM, Saban, Paramount, Universal, and many smaller. Not to mention many music companies. Maybe some WB as well, hard to tell from the map, but he is close. Anyway, he wouldn't need to run around ass kissing the whole district, he just needs a few strategic bend overs and he'd be collecting plenty of $$$ from hollywood to push their agenda.

Jason Levine
Premium
join:2001-07-13
USA

Bill's Text

You can read the text of the bill from here:

»info.sen.ca.gov/pub/bill/sen/sb_···ced.html

One of the most interesting sections is the definition of a P2P program:

As used in this section, "peer-to-peer file sharing software" means software that once installed and launched, enables the user to connect his or her computer to a network of other computers on which the users of these computers have made available recording or audiovisual works for electronic dissemination to other users who are connected to the network. When a transaction is complete, the user has an identical copy of the file on his or her computer and may also then disseminate the file to other users connected to the network.
Internet Explorer and FireFox both, once installed and launched, enable the user to connect to a network where other users have made files available for download. Furthermore, once that file is downloaded, the user can disseminate that file to other users (uploading to a webserver, e-mailing it, etc.) I guess that means IE and FF run afoul of this proposed law. I wonder if MS and Mozilla will have to build "reasonable" measures into their browsers to keep users from downloading materials illegally.
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/

See 7 replies to this post

TechieZero
Tools Are Using Me
Premium
join:2002-01-25
Riverview, FL

Guns

Since they can't throw gun manufacturers in Jail, I doubt this one will happen.

BTW Senator Kevin Moron, some people actually use P2P programs for legitmate reasons, like patch distribution...duh....
--
"Democracy is the worst form of government except for all those others that have been tried."-Winston Churchill
DSALVAT1

join:2003-05-25
Alpharetta, GA


1 edit

Enough of the RIAA

How about cutting all the overhead that eats away the artist's salary (they take about 75% of their salary), create more attractive live shows, sell cd's with freebies (teeshirts, games & more extras) and quit trying to control the end user.

If I download a song, first of all the quality is poor and does not compare to the original CD (IPOD is a joke, you pay for an inferior quality, buy your own cd's and cut costs on distribution and artwork, people are fools), second if I like the album, I will spend the buck.

Not only are they protecting intellectual property, but also our constitutional rights are being violated, where are the checks and balances for these mega corporations (M$ including) that protect us??

Somebody needs to something radical (not violent) that will hurt them so bad that they won't even think twice before making us give up our privacy.

We as Americans (some of us) are not the same as we were a few generations ago, we need to take back the country for the people by people. Enough is enough.

Thaler
Premium
join:2004-02-02
Encino, CA

Re: Enough of the RIAA

Methinks you mean iTunes is a joke. The iPod is simply an MP3 player, so the choice in audio quality on them is totally dependant on what the user puts on them.

You don't like the audio quailty? Either rip it at a better rate, or find a better quality MP3 source.

superht1

join:2001-02-22
Kennesaw, GA
Do something? Nah, do nothing! How about a cup of stfu?
DSALVAT1

join:2003-05-25
Alpharetta, GA

Re: Enough of the RIAA

WTF?? Is this attack the newbie day?? Like someone very wise said to me once, speak your mind if they don't like it fck 'em...

Oh and sorry for typing IPOD instead of ITUNES, but that is beyond the point, the point is that while you are sitting there getting supersized, these companies are lobbying the government to change laws that affects all of us.

Thaler
Premium
join:2004-02-02
Encino, CA

Re: Enough of the RIAA

said by DSALVAT1 See Profile:

WTF?? Is this attack the newbie day?? Like someone very wise said to me once, speak your mind if they don't like it fck 'em...
I wasn't trying to "attack", and if it came across that way, I'm sorry. I just thought you were having problems with your iPod product, or heard some bad word-of-mouth, etc.

My bad.
macmouse
Premium
join:2002-05-30
Saratoga, CA

Legal to trade with information?

Wait...

It depends on the wording of the bill. Maybe, if you copy files and put your information in it, its then legal for you to copy whatever you want. This is because you are then conducting in a government approved activity, which will take precedence over civil law (intellectual property). I.E. it would be illegal for the RIAA to sue you.

Of course, there is a lot of assumptions there. Still, its an interesting idea

Da22in
Buck Fush

join:2002-06-10
Charlotte, NC
clubs:

Well...

It certainly is easy to separate the half-wit, bought-and-paid-for politicians from the...ummm ...other bought-and-paid-for politicians.
--
Your computer and monitor are killing you with EMF...fight back with a Himalayan salt lamp.
BIGHUSKER

join:2002-01-20
Minneapolis, MN

Uh oh, google better watch out

Google is gonna get shut down. You can search it for torrents of copyright material!!! Yea, this bill is gonna pass with flying colors

Sawn
U S M C
Premium
join:2003-02-24
Concord, CA

This MP3 has been brought to you by...

....tried to make it illegal to trade any copyrighted audio/video files without including your name, address, and e-mail.
Name: Kevin Murray

Address: 600 Corporate Pointe, #1020
Culver City, CA 90230
(310) 641-4391

Email: Senator.Murray@sen.ca.gov
--
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
holdit42

join:2005-01-21

Re: This MP3 has been brought to you by...

Its sad watching the RIAA/MPAA get away with putting innocent people in jail. There is not much we can do to stop this BS of big business as long as people continue to buy their junk CDs or pay 99 cents for downloads or pay high ticket prices at the movie theatres. I thought there was a boycott of the music industry going on but I occasionally read reports that music sales profits are up for the industry. I guess there are dumb people out there who want to be entertained instead doing something about this menace.

No flares please (first post)
Forums » Putting P2P Devs in Jail


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