File sharing equals manslaughter
p2pnet.net News View:- The entertainment industry has almost succeeded in turning a non-criminal, no-profit online activity the major movie studios and record labels claim hurts their bottom lines but which in reality, harms no one, into a major crime.
Literally.
It’s stampeded America’s lawmakers into equating file sharing with manslaughter.
The Hollywood inspired Family Entertainment and Copyright Act of 2004 is custom-designed to give the entertainment industry cartels the power to jail people for up to three years. It’s been approved by the House and is on the verge of being signed by US president George W. Bush.
Almost exactly a year ago (on April 20, to be precise) a post on Stumax said:
“…in the face of mounting evidence to the contrary, the recording industry continues to call file sharing the biggest extant threat to its existence. The Recording Industry Association of America (RIAA) makes war on its customers and pushes for legislation that would make swappers into jailbirds. And, like the wars in Iraq and in Vietnam, it’s hard to see a way out that’s going to be anything but bloody and demoralizing for everyone involved.”
The post was discussing another piece of Hollywood legislation – the ludicrous Piracy Deterrence and Education Act (PDEA). But no matter. It goes on:
“According to the Washington State Adult Sentencing Manual for 2003. here are some other things you could do to buy yourself a trey in the Big House for your first offense: Assault of a Child, Controlled Substance Homicide, Hit and Run resulting in death, Homicide by Watercraft/Vehicular Homicide by being Under the Influence of Intoxicating Liquor or any Drug, Malicious Placement of an Explosive, Robbery in the First Degree, or Sexual Exploitation.
“On the other hand, Arson, Delivering Methamphetamines, Manslaughter, Vehicular Homicide by operating a vehicle in a reckless manner, Burglary in the First Degree, Child Molestation in the Second Degree, dealing in child pornography, Drive-by Shooting, Unlawful Possession of a Firearm, Use of a Machine Gun in Commission of a Felony, Intimidating a Judge/Juror/Witness, Third Degree Rape of a Child, Extortion, Second Degree Kidnapping, Third Degree Rape, Sexually Violating Human Remains, Counterfeiting, Threats to Bomb — each of these offenses carry mandatory sentences of 27 months or less in the State of Washington.”
And that’s just Washington.
“Jimi Ex, 17, on his summer job as an usher in the local Roxy cinema, is told by his boss that if he can catch someone using the neat Sony (or whatever) camcorder they got for their Christmas/birthday/graduation (or whatever), there’ll be a fat REWARD!”
This p2pnet item centres on yet another entertainment industry bill, this time called the Artists’ Rights and Theft Prevention Act (Art Act) designed to establish new federal crimes for the unauthorized recording of movies in cinemas or other venues, and for “other acts relating to copyright infringement”.
The Family Entertainment and Copyright Act calls for three years, “in cases where a person is caught recording a movie in a theater with a camcorder - and six years for a second offence,” as Thomas C Greene points out in in The Register.
“It also indemnifies theater operators against all criminal and civil liabilities arising from detaining suspects ‘in a reasonable manner’.”
That means if Jimi Ex thinks you’re doing something naughty, he can ‘arrest’ you.
“Since involuntary manslaughter brings, on average, anywhere from 0 to 36 months’ incarceration, one might well question the morality of going harder on those who trade files than on those who negligently cut short the lives of fellow citizens,” says Greene. “But the 109th Congress is about nothing if not morality, and it understands well the essential sacredness of the nation’s ruling cartels.
“Previously, criminal laws protecting copyright had been designed to target major, organized bootleggers doing serious damage, not individuals swapping files. The new legislation is designed to broaden the law to where almost anyone can now be treated as a hardcore criminal. And since we have seen the entertainment cartels using the civil courts to conduct a vendetta against file sharers in hopes of chastening them overall, one can expect that the same examples will be made of small fry using these new, quite Draconian, criminal sanctions as well.”
Something you think we should know? tips[at]p2pnet.net
See:-
power to jail people - Jail for US file sharers?, p2pnet, April 20, 2005
Stumax - Music is Hell, April 20, 2004
new federal crimes - ART Act passes, p2pnet, June 26, 2004
The Register - Congress confuses file sharing with manslaughter, April 21, 2005
April 22nd, 2005 at 3:18 pm
man will this ever stop?
movie industry is flexing its muscle
I think there are bigger problems in this world than bloody p2p…
would be nice to see those addressed
April 22nd, 2005 at 4:15 pm
I wish those who support P2P were fighting as hard as the dinosaurs are to stop it. Contrary to popular opinion we do have the power as audiences are the ones advertising and funding their activities. Join P2PUnite.net next week, and then continue your boycott by not downloading, uploading, “sharing”, listening to or watching the products of the dinosaurs. It is time to put them out of their misery!
April 22nd, 2005 at 5:48 pm
http://www.say-no.se/
Boycott starts 1st of May 2005!
t is time for all music and movie lovers to put their foot down and
SAY NO to high prices and lack of quality online services.
The Say No Campaign encourages all of you around the world to stop buying CD’sand DVD’s until the Music Industry and Movie Industry starts to listen and change how they do business. We want lower prices and better, faster and easy-to-use online services.
Here are three simple steps to make this campaign successful:
# Don’t buy or rent any CD or DVD during the boycott.
# Tell your friends, colleagues, family and relatives about this campaign.
# Become a Supporter to show your participation. Together we are stronger.
The Say No Campaign is continuously running but phase 1 of the boycott runs between 1st of May 2005 and 31st of December 2005.
April 22nd, 2005 at 7:57 pm
Presumably anything referring to the FECA should be referred to as FECAl, which my dictionary defines as “solid excretory product”. Are you sure they’re not playing with us-this is too easy.
April 22nd, 2005 at 8:23 pm
THE MUST BE STOPPED AT ALL COSTS!!!!
“Previously, criminal laws protecting copyright had been designed to target major, organized bootleggers doing serious damage, not individuals swapping files. The new legislation is designed to broaden the law to where almost anyone can now be treated as a hardcore criminal. And since we have seen the entertainment cartels using the civil courts to conduct a vendetta against file sharers in hopes of chastening them overall, one can expect that the same examples will be made of small fry using these new, quite Draconian, criminal sanctions as well.”
What they are doing is completely BS… they are taking peoples rights as Americans away… heck they are taking our rights as humans away!!! Their bullying is effecting the whole world, and making more bullies come out and do the same thing… (as in the other countries RIAA/MPAA equivalents)
April 22nd, 2005 at 8:25 pm
Good! I might add:
If you can’t stand boycotting them, then get a p2p program and saticfie all your entertainment needs while you boycott buying their stuff. XD
April 23rd, 2005 at 5:36 am
“It also indemnifies theater operators against all criminal and civil liabilities arising from detaining suspects ‘in a reasonable manner’.”
So if they throw me down the stairs smashing my camcorder and getting glass from the lens in my eyes blinding me for life, as long as they claim it was an accident or i “resisted” there would be jack all i could do about it????
Actually let me take this to the illogical but plausible conclusion.
Person A is watching a movie and gets irate at Person B’s mobile ringing during the movie. Person A knows about this legislation and complains to the cinema owner that Person B is obviously recording the movie on his mobile phone. After all some phones can record a few minutes of crappy video.
Wouldn’t this new law FORCE cinema owners to remove Person B and have the cops come and take them downtown for “potentially infringing copyright”? Even if nothing was found on the phone by the time they get downtown, if they didn’t get that phone off Person B immediately, Person B might have erased the incriminating evidence… So the cinema owners will have to take the phone off Person B and detain them as soon as any complaint has been made!!!
What about if someone’s phone goes off at the superbowl? Don’t the tv channels have to pay for broadcast rights? Obviously that hardened criminal is trying to illegally pirate footage of this game!!!
Yay… It’s been said before, i’ll say it again. The law is an ass.
April 24th, 2005 at 11:35 am
Just Share and don’t buy anything. At least we are not helping them.