How far does this go? Am I guilty if I post a video on YouTube shot in my home that has a TV show playing on the TV in the background?
Two months ago, US Intellectual Property Enforcement Coordinator Victoria Espinel produced her wishlist of changes to US law. One item in particular caught our interest—the suggestion that the online streaming of copyrighted content be bumped up to a full-scale felony. Late last week, Senators Amy Klobuchar (D-MN) and John Cornyn (R-TX) introduced just such a bill.
The text of S. 978 isn’t yet available from the official THOMAS system, but Klobuchar’s office sent us a copy of the brief bill. Under current law, “reproducing” and “distributing” copyrighted works are felony charges and cover P2P transfers and Web downloads. But streaming is a “public performance” rather than a “distribution”—and holding a public performance without a proper license is not a felony. S. 978 adds “public performance” to the felony list.
Online streamers can now face up to five years in prison and a fine in cases where:
* They show 10 or more “public performances” by electronic means in any 180-day period and
* The total retail value of those performances tops $2,500 or the cost of licensing such performances is greater than $5,000Movie makers and theater owners support the bill.
“What you in for, Bubba?”
“Murdered five people and ate their dog. You?”
“Illegal video streaming of an episode of Glee.”
Long pause.
“Oh, yeah. It’s touch your toes time.”
I’ve never posted this, but it is most appropriate: “Shut up Slave.”
Not hard to tell who congress creeps represent. Time for a revolution—at the ballot box. If the voters only knew, really knew. The PUKES are getting their “feedback” in Wisconsin and Minnesota for their anti middleclass/union ways because there is an organization ready and able to inform and activate the public. Not so with copyright laws and the RIAA.
Of course the law can’t be enforced, except selectively. The height of a police state.
These two need an award. To be recognized nation wide as two of the most corrupt people in Congress and their likeness placed in the national hall of shame. The only reason that anyone sane would put forward such a bill is money changed hands.
This should be nothing more than a civil issue.
Will SOMEONE please shut these fucking people up?
Welcome to corporate America, where we are all criminals for one corporate reason or another. Yes we need a revolution, to take back our government from these corporate pukes.
#6–podcast–good start but what makes you think any system has cooperation beyond that mandated by the state?
Who does US Intellectual Property Enforcement Coordinator Victoria Espinel think she is, dreaming up changes to US law.
Her job is to enforce the law. If she wants to change the law she should try running for office. Someone should fire this bureaucrat.
OF COOOOURSE
See TYT Cenk’s youtube video on the Citizens United. This is why.
thats what I am talkin about
When thinking about “revolution” we think of people in the streets with guns.
Revolution USA: the SCt holding in Citizens United and there is a corporate coup d’etat that only works when the ruling elite are totally corrupt—ie===the USA.
Ha, ha. Thomas, Scalia, Roberts, Alito===criminals of the scumiest order thinking that money = speech. Corporate sell outs. first they gave us BushtheRetard as President, now this.
They COULD NOT BE more blatant in their partisanship.
Sad.
Who was the fifth asshole?
Someone enlighten me- when did these insane alien blood-thirsty creeps take over and corrupt our society to the point it’s becoming f$$ing unlivable?
Oh, great. Yet another excuse to put people into prison.# 8 chuck said,”Who does US Intellectual Property Enforcement Coordinator Victoria Espinel think she is” Rather WHAT is this position?
As Mac Guy said – these should be civil matters.
The US produces prisoners faster than any other country. Almost 1% of the population is behind bars. We put people in prison for “victimless” crimes at enormous expense to the public. The US has over two MILLION prisoners – last I heard that is well beyond what any other country has locked up, yet we constitute only 5% of the world population.
IMHO – only violent criminals should be locked up. Same soapbox different day.
What’s needed is a day of action. A day, perhaps where the world uploads copyrighted material. Perhaps one particular clip? What say you?
Got to keep those prisons full after all its big business.
Well, I’d post the lyrics to Steppenwolf’s “Monster” here, but I’d probably be hunted down by a SWAT team. Heh.
Must be very hard being free in a country where the state uses large scale imprisonment of the populace as a means to modify behavior.
As consumers of media, it’s rather easy to complain about copyright violation lawsuits, free use rights and the RIAA’s thuggery. But only a few of us are actual content producers. I thought about this stuff for a while and came to the conclusion that if it was my work that was being stolen, used, etc. I might have a totally different opinion on this matter. Maybe it’s time we stop and think about the impact our media gluttony has on the people who make what we consume.
To paraphrase, in #s9&10 Publius said something about a revolution &tl;cue John Lennon>.
How about if we make running the government like jury duty?
1) If you’re a US citizen, and want to remain a US citizen, your name gets entered into a lottery.
2) Names are then drawn at random from the list of eligible voters (see above.)
3) Tampering with the randomness of the selection if a capital offense and results in the execution of any guilty party or parties.
4) If you’re selected, you’re elected.
5) There are no appeals and no substitutions. You can’t get out of it. You can’t get somebody else to run for you.
6) Four years you’re in and then you’re out.
7) Having done your duty as a citizen entitles you to a plaque and a special grave marker. It does not entitle you to anything else.
That takes care of politicians (no professionall politicians possible,) corruption (who’re you going to bribe that is not going to bite you in the ass big time [see rule 3]) and the lobbyists (Well, they can’t groom a politician anymore.)
In #18 sargasso_c said: …state uses large scale imprisonment of the populace as a means to modify behavior.
That’s this country!
Read the numbers on prison populations around the world.
You’ll see that the US is one of the worst offenders.
Chine has one fifth as many people in jail as the US does, per capita. They just a lot more capita…
In #19 BigBoyBC said: But only a few of us are actual content producers.
What do you think the Internet, the Web, blogs, wikis, Twitter and social media are about?
YOU are a content producer.
Let me restate that, YOU are a content producer.
To reiterate, YOU are a content producer.
Why should I read your words for free? (This is a rhetorical question. The answer should be obvious, if complex and multi-faceted.)
Why should I write my words for free? (Because I want you to read what I have to say, its just that my motivation for doing so is also complex and multi-faceted.)
We’re faced again with the conundrum of what’s gold to me might be shit to you and what’s gold to you might be shit to me.
It should depend on the value added by each social media entry.
On my friend’s business web site, its worth something.
On this blog … not so much.
Media has evolved to being part of our social background.
Up next: felony charges for anyone who takes and shows a picture of a building without the express permission of the architect, builder and financier.
Don’t laugh. It has already happened.
# 20 msbpodcast “7) Having done your duty as a citizen entitles you to a plaque and a special grave marker. It does not entitle you to anything else.”
I liked Bob Heinlein’s idea: you have to do your service in order to BE a full citizen. In his world, being a citizen gave you the right to vote and carry a sidearm in polite company. And impolite company, too.
Anyway, for the most part I like your plan. The downside is that it may be the only possible way we could end up with more idiots in Congress than we have now. If your idea were to become reality, I’d like to add a rule: Any congressperson can introduce any legislation but it may not be voted on until his office has changed hands. Under this plan it will be unlikely most legislation will ever get passed. And that’s probably a good thing. Was it Thoreau who said “The best government governs least”?
Also, instead of so many expensive prisons, let’s just wall off South Dakota. That will inconvenience what? A hundred people? Anybody convicted of a violent crime go inside. Any illegal immigrants go inside. Politicians who want a second term go inside. There’s a lot of farms in SD so, if they manage things right, they won’t starve. If they DO starve, problem solved. Send in some more. Every time there’s a salmonella outbreak, send in all the tainted meat with instructions on cooking it AND send in the butchers who contaminated our meat with shit.
You get the idea. And, there’s a lot of room in SD so we might be able to pay for the guards by taking in prisoners from other countries.
Just a thought.
#19–BigBoy challenges us: “Maybe it’s time we stop and think about the impact our media gluttony has on the people who make what we consume.” /// Intellectual Property is a human construct. It exists as it is constructed. Pros and Cons to any position taken. Speaking of Intellect–yes “think about” various ways to secure the desired outcomes==how often should that include JAIL TIME and what are the alternatives? What roadblocks are put in place that discourages conformity to the law?
Easy rule: IT can belong ONLY TO the original creator. Stops patent trolling.
Easy rule: No protection for “pop culture” music==thats why it is “pop.” Make your money by putting on concerts.
Easy rule: No protection for shit that is obvious to even an idiot. No protection for a drop down menu or a link to website.
Easy rule: No protection for anything that costs less than one year’s average income for an American. The purpose of IT is for the creator to get paid back his investment in time and money. Time?==your choice. Money==as stated.
The notion that “business” is the model for productivity is shown to be only one of many. Many fine and excellent products are created for the joy of it, for the fame of it, for bragging rights etc.
Capitalizing every human activity has its pros and cons too. Lets construct it back to popularized mass culture—free, legal, and available to all.
From the introduction:
“Am I guilty if I post a video on YouTube shot in my home that has a TV show playing on the TV in the background?”
The American TV show America’s Funniest Videos has started blurring out any TV that is on in the video clips they show. That’s on the ABC network. If such a giant corporation is so fearful, what chance do individuals have against this insanity?
More and more, the text and/or logos on hats and shirts are blurred out even in news programs.
One woman was sued not long ago for posting a YouTube video of her daughter in which music could be (barely) heard in the background.
So, yes.
#22, totally irrelevant to what he was posting. And the logical extension of what you are saying is this movie is crap and I want to download it.
In #24 Animby – just phoning it in saidL … The downside is that it may be the only possible way we could end up with more idiots in Congress than we have now…
We couldn’t get more dedicated idiots than we have now.
These scumbags have been working the system all of their lives.
They’re the same as the bitch hoes who pop out a kid every year to keep up the welfare checks and blow you for a $20 on the corner at the end of the month, except that the bitch hoes only cost you $20.
These scumbags have had years to devote themselves to the task and sell themselves to the highest bidder (like $20k for a pass on a contract,) and expect the $20k for less.
ALL LAWYERS and THEIR ACCOUNTANTS are SCUM.
I would put in another selection/election rule AGAINST canvassing lawyers but that would be discriminatory.
RE: The original post
I don’t know about anyone else, but I like the law *IF* they added one change: for any person caught illegally streaming copyrighted content, all State and Federal politicians that represent them are equally liable and must serve the same sentence. Thus, is Hacker Bob is caught streaming the Office illegally, his State representatives, State senators (if they have them), Federal representatives, Federal Senators, and the POTUS are all liable for his crime and must serve the same sentence. Add that and I’d be all for it. Not so much otherwise.
# 26 Uncle Patso: Recent news stories include such absurdities as long haul truckers be asked to pay a licensing fee for the music they listen to as it is being played in the workplace. Or shops that have radios playing in the background should pay for the “public performance.”
BTW, I strongly object to constant blurring of logos on TV. They are censoring everyday life! (Though I find it funny that so many products are display on TV with their labels facing away from the cameras!)
Besides, the companies have paid food money to display their logos on my shirt. Are we not censoring their ads and thereby damaging their business? Personally, I do everything I can to avoid buying clothes with prominent logos on them. I do not wish to be a billboard. Okay, there’s a Levi’s logo on my jeans but my belt obscures it so Okay.
“Movie makers and theater owners support the bill.”
Well let’s show these guy what we think of their support for such a draconian assault on our freedom of expression, by BOYCOTTING their movies for a year. And that means ALL OF THEM! Even that Harry Freakin Potter movie, that due to come out. You can always rent the DVD later.
Every year the industry only give me more of a reason why I shouldn’t spend good money on a ticket to see whatever crap they’ve created. I can wait the six months, for the DVD release. And rent it as cheaply as possible. I haven’t set foot in a theater in over a decade. And now, I doubt I ever will. And I’m renting less DVDs as well.
If the Tv and movie industry is this disparate, to prevent the loss of, or recover the loss of, such a tiny fraction of their perceived revenue. Then, let them feel the loss, SIGNIFICANTLY MORE, by a sharp drop in theater attendance. And tell your friends and family members, who just can’t understand why they should deprive themselves, to make this point. That we got to make a stand now, before we have no freedoms left at all!! Screw the Harry Potter, and Pirates of the C. movies! This is far more important. And they’ll fine that out, only when they get hit with a felony charge for having something copyrighted, appearing in the background of their posted videos.
I’m a fan of Tv’s “Big Bang Theory” show. And in one of producer Chuck Lorre’s end credit “vanity cards”. He states how the nation of Belarus has a exact knock off of this show, called “The Theorists”. One of the characters is even named “Sheldon”. But he goes onto to say that since the Tv media there is owned by the government. It’s NOT POSSIBLE to sue Belarus for copyright infringement. And probably not possible to sue most of the rest of the world for stealing anything copyrighted, if they really want to.
So what it all boils down to it that these laws only apply to little people. If you’ve got enough wealth and political power, you can steal all the movies, photos, songs, and such, you want. And the law will only go after little guy, for not being a legal expert, and knowing there’s actually a law against it. Ignorance of the law is no excuse. But political and economic sovereignty apparently is.