MPAA vs. Television 540
Today brings several articles on the MPAA's attempt to create a "broadcast flag" to kill home recording of broadcast television. Lunenburg writes "Apparently too impatient to implement the Broadcast Flag in digital media through legislative means, both Sen. Hollings and Rep. Tauzin have both sent letters to FCC Chairman Michael Powell urging him to mandate the implementation of the Broadcast Flag under FCC rules, according to the EFF's Consensus at Lawyerpoint blog." There's a CNet story about a presentation given by the MPAA to pro-business lobbying groups, and a MSNBC story about digital video recorders.
Weee - the FCC (Score:5, Funny)
Re:Weee - the FCC (Score:4, Funny)
Ahem
They try to stop me taping MTV, but they'll make no money, without me!
Maran
Re:Weee - the FCC (Score:2)
Re:Weee - the FCC (Score:3, Funny)
this is an unacceptable violation of riaa intellectual property. please post proof of copyright ownership or refrain from stealing others' work.
Taking its lead from RIAA . . . (Score:5, Funny)
Re:Taking its lead from RIAA . . . (Score:2, Funny)
Re:Taking its lead from RIAA . . . (Score:2)
Way to go! (Score:4, Insightful)
Re:Way to go! (Score:2)
----rhad
Re:Way to go! (Score:2)
Re:Way to go! (Score:2)
The funny thing is that Congress has not required all new television receivers to have DTV decoding capability. Of those "HDTV Televisions" being sold right now, most don't have a DTV decoder.
In the 60's when the UHF TV bands came along, Congress required television makers to include UHF receivers in most all new TVs. But there has been no parallel for DTV.
So if Congress can't even mandate DTV reception, how are they going to mandate the broadcast flag?
(BTW, I'm not saying they should mandate DTV reception, but certainly things will be very interesting at analog turn-off in 2006 without it.)
Re:Way to go! (Score:3, Informative)
IF there is an analog turn off in 2006. By now, according to the original schedule, by now every commerical station should be dual broadcasting, and every TV sold should be DTV capable, to get 85% penetration by 2006. Current estimates say there will be 30% penetration by 2006, and I personally think those are optimistic. It took the UK from 1964 to 1985 to phase out 451 line television, and this was in an era when TV's were unreliable with short lifespans.
In addition, the original reason for cancelling analog has gone. In the late 90's, spectrum was seen as a resource which you could sell almost without limit - Telecoms were on the up, and new uses were eating up more and more spectrum. Since then, telecoms haven't been doing so well, resulting in auctions in both the UK [bbc.co.uk] and US [newsfactor.com] that have been disasters for the companies involved and the governments trying to sell the spectrum.
Ugh (Score:5, Insightful)
And besides, will anyone really stand for this? The idea of recordable media -- vcrs, in particular -- is very deeply ingrained, and most people probably consider it their "right" to record their television. And rightly so!
It's incredible to me that so many presumably intelligent people waste so much effort on these draconian measures. Corporate greed is to blame, of course - but, with a little thought, it seems to me that many of these people could do better by *not* alienating the populace, and by finding some other, better way of making their money such that everyone could be happy. The MPAA and their kind are scared of technology that they don't really understand, and they're losing their grip on the industry. Tough luck. Legislation shouldn't be put in place which will serve big business at the expense of the consumer. Rather, big business needs to learn to evolve to the consumer's wishes, or it needs to die.
Re:Ugh (Score:2)
I could see many big vcr / tape companies as well as Tivo and everyone else standing up against this bill. They stand to lose a lot of money otherwise. The MPAA needs to be more careful about whose shoes they step on, or they might end up stepping on someone with real big feet and steeled toe boots.
Re:Ugh (Score:2, Insightful)
Which is exactly why they are [b]not[/b] trying to push a bill through. They are attempting to bypass that whole system by pressuring the FCC to make it regulatory. Clever. Evil, but clever.
Re:Ugh (Score:4, Informative)
If you read through the articles carefully, no one, not MPAA/show producers nor Tech appear to be arguing against the one-time recording (time-shifting) of digital TV programming; it's the question of whether you can save that content to removable media, watch it on another TV in your house, send it to yourself at a remote location (even if authenicated/secured), or to share it on the Internet with a single friend/family member. Some of these seem like obvious fair use, some don't, and where the line has to be drawn is what is the major contention; MPAA appears to want the push the line to limiting recordings to a single, non-retainable format, possibly viewable only once, while other groups are arguing for less restrictive measures but still limiting full-fledged wide scale distribution as today's P2P networks allow.
Re:Ugh (Score:5, Insightful)
I wanted to see the Sunday night special episode of Good Eats in Paradise, but couldn't because I was out of the house because of a prior committment.
Why can't the industry understand the similarity and reasonableness of these cases? Beyond that, if my brother wants to share it with the rest of the internet, why is this a problem? It was a broadcast show! Anyone could have recorded it! *IF* the show is available for sale on DVD/Video *THEN* it would be a clear violation of the copyright holder's rights over distribution to still be sharing the show. Aside from that, the only thing that sharing does "to" the copyright holder is allow more people to see the work. How is that bad?
Let's try one more example: I'm a huge fan of Invader Zim, but Friday nights are a terrible time for me to stop my world to watch a TV show. So I generally try to download copies from the net and burn them to VCD (because my wife wants to watch them too, and we don't want to sit in front of the computer to do it). Unfortunately, most of the copies are really bad, but I do it anyway as a fan of the show. When and if these episodes become available on DVD, it will be my pleasure to go buy high-quality copies and discard the relevant VCDs.
This is just like music sharing; I use it to judge what I want to buy, not to steal things I would otherwise buy. The quality of product on the internet is not as good as the quality of the product from the originator, in any case I've seen so far. If it's really good enough for me to want to buy it, I'll still want to buy it despite having "pirate" copies around.
Re:Ugh (Score:2, Insightful)
Would it be okay for me to record stuff to a VCR, and then copy tapes and distribute them via a catalog?
Re:Ugh (Score:5, Insightful)
To respond to your other point: Yes, it should be okay for you to record stuff with a VCR and copy the tapes and distribute them via a catalog. The person who buys your VHS cassette could have recorded the show him/herself, so the effect on the original copyright holders is nil. Since they didn't, you are providing a service which you should be able to charge for.
Copyright laws=immoral greed? (Score:3, Insightful)
Sick I tell you, lets vote to get the damn laws changed.
Re:Ugh (Score:3, Insightful)
Kintanon
Legislation and Power (Score:5, Insightful)
Prior to 1910 the law was used to protect the land owners and property owners, with numerous examples throughout the book of the courts upholding what were essentinally very unconstitutional laws favouring monied interests over blacks and poor whites (i.e. those without property)
With the RIAA and the MPAA we are seing similar sorts of laws proposed, only this time to protect the monied interests (those that "own" intellectual property) against those who don't.
Why do the monied interests have the power to pass and uphold these laws? Because they control the legal systems - they are better able to afford lawyers, better able to lobby congress, better able to propogandize against those that hold alternate views.
To me, this is all part of the tragedy of America these days.
Re:Ugh (Score:2)
Yes, absolutely. When the legislative branch of the U.S. government begins thinking about how to artifically prop up a failing industry, that means something is so fundamentally wrong with that industry that legislation is almost always the worst solution to the problem. Whenever someone like the MPAA or RIAA begins begging for quick fixes from Congress, every single person in the House and Senate should have little alarms going off in their minds. Let's hope cynicism prevails and the media industry is sent home with a bruised ego.
Re:Ugh (Score:2, Informative)
Yes, but the broadcast industry does not see it that way, and they have enough lobbying money to overturn fair use. Turner Entertainment's Jamie Kellner claims that by not watching commercials, you're stealing TV. Notice the word stealing.
So when the broadcast industry and the motion picture industry claim they want to prevent copying (or stealing) digital content, they won't stop with the peer-to-peer file traders. They'll target time-shifting. The broadcast flags they are proposing could easily say "don't record this program." Because, after all, if you own a PVR, you'll skip over the commercials.
Time Warner cable is debuting a set-top box with a PVR. But, there is no commercial skipping available. That's right, you can time-shift the West Wing, but you cannot hit the fast-forward button. There isn't one.
Funny how that goes.
--
Sen Hollings (Score:3, Insightful)
Re:Sen Hollings (Score:5, Funny)
When no one is in his office, 'he' quickly opens his chest plate and drinks some more oil. (You can see the Bush connection rather easily.)
Senator Hollings and his rampage of bad legislation MUST be stopped. 'He' will let nothing stand in his way of his goal of Total Disneyfication of the entire world.
'His' Achilles Heel?
Pies.
Throw pies at the Senator. That will interfere in his 'Small World Reasoning Center'. Only you can stop the madness.
Uhh.. (Score:2)
I'm glad companies no longer feel the need to respect the government, and they'd rather just pressure them into doing what they want fast. I find it amazing what people will do (government) when they don't understand things (technology), they just assume people like the FCC are right.
I don't get it.... (Score:2, Insightful)
Ok, lets say we give in to the removal of the ad-skipping feature. Now -- how is it different?
Re:I don't get it.... (Score:4, Funny)
the PV and VC... the R is the same
Re:I don't get it.... (Score:4, Insightful)
VCRs record (I think) in analog on a magnetic tape. Thus, repeated duplication always results in inferior quality. Furthermore, repeated viewing also results in inferior quality.
The result is that any video stream recorded from a VCR has a finite shelf life (long, but finite). Where as anything recorded with a PVR could (hypotheticly) have an infinite shelf life (ok, remaining life of the Earth) and no real limit on the number of copies possible.
Inticing (Score:2, Insightful)
without letting the world know first (Score:2)
1: You have to tell people that the system isn't standards complient or that a new version of the standard has comeout.
2: Competition rules would require that information be freely available to manufacturers(but possibly cost something to implement)
3: Somebody's going to leak the information anyhows.
MS Code (Score:2)
M$ may monkey farm there developers so that developers only have access to a small amount of code, this is probably why the code is so bloated I can't intergrate systems properly in a sand-box environment
Will they ever understand? (Score:5, Interesting)
When will they figure out that P2P file sharing networks (not to mention IRC, which apparently they are oblivious to) won't be going away? They need to play the cards life has dealt them and figure out how to use these to their advantage or provide a system that is better and more aligned with their business (selling commercials). The world is about change, did all the radio stations get angry when they invented TV? No, they all became TV stations too!
For example, if you assume all TV brodcasts are going to be pirated. Make it easier for the people downloading these shows by providing them for free on a website and keeping the commercials in the show. If you stream them then they cannot fast forward through commercials. So you basically provide all of your content on demand with commercials (more air time for advertisers thus more expensive commercials). Personally, I'd go watch Alias streamed (if it was a good 300k stream) with commercials rather than sifting around and waiting in queues on IRC or spending days trying to get it on gnutalla. And if we are worried about modem users, they can't download pirated TV anyway, files are too large.
Just a thought.
Re:Will they ever understand? (Score:5, Funny)
Usenet does not exist.
Nothing more to see here.
Move along.
~Will
With Real being open-source... (Score:2)
no more TV for me.... (Score:4, Interesting)
Re:no more TV for me.... (Score:2, Insightful)
Watch a movie at your local cinema. Oh no, sorry, we hate the MPAA, don't we.
Watch DVDs. Erk, same problem.
Listen to music. Nope, that's the RIAA. Not doing very well, are we?
Use P2P software constantly. Isn't that supposed to be terrorism?
Write open-source software. Sigh. No, because open-source is terrorism too.
Send e-mails and read the internet. Unless you want to be monitored constantly.
Play games on your PC. Unless we don't like the EULA. Or it's by Blizzard.
Read a book. Do we hate publishers at the moment? No? Whee! We've found a means of entertainment!
Boredom - the fate awaiting all who believe in freedom ^_^
Maran
Re:no more TV for me.... (Score:2)
Even today, there are a few good shows that stand out. I want to watch them too. The Simpsons is still a good show, and West Wing is amazing. My family used to [college got in the way] sit down every Wednesday to watch West Wing together. Sometimes we couldn't watch it, as we had a play to go to (yes! REAL theatre!). If we couldn't record it, there's not exactly a way to see it, is there? Except wait until it comes on in re-reruns. And if you miss it then? Too. Fucking. Bad.
I do have a question though. My family doesn't have one, but what are the implications for TiVO users? Are they just going to be told, "Well. You're screwed." or what? Any returns or refunds? I mean, this would be like buying a CD-RW drive and then being told it can't be used to burn CDs, only to read them. It negates a major purpose of a device. We use the DVD player if we rent movies. We only use the VCR to play back things we've recorded on it anymore. No record = no playback = no purpose. Damn them all.
This is just as bad as the pop-up ads in TV shows article on
I'm disgusted. Later all.
I 've got an idea! (Score:4, Interesting)
hehe
Re:I 've got an idea! (Score:3, Interesting)
You can try this at home if you have a V-Chip TV. Just set it to some prudish PMRC-level setting and try to watch something. The program will be blacked out but the ads will show just fine.
Congress not in session (Score:2)
They just know they introduced their bills way too late and don't want to wait.
The truth of the matter (Score:5, Insightful)
-Robert Heinlein, Life Line, 1939
How this *is* guaranteed.... (Score:2)
Heinlein was obviously not familiar with the concept of Lobbyists...
Fine. (Score:3, Interesting)
Otherwise they need to stay the hell out of my equipment, because it belongs to me.
I don't see the justificationg (Score:2, Informative)
47 USC 336(b)(4), Hollings justification for the broadcast flag: ... adopt such technical and other requirements as may be necessary or appropriate to assure the quality of the signal used to provide advanced television services, and may adopt regulations that stipulate the minimum number of hours per day that such signal must be transmitted....
The [FCC] shall
I don't think any judge would believe that this provides for mandating standards to avoid copyright infringement. A change of law would be necessary if Hollings does want such a mandate.
10 yers later........ (Score:2)
This ruling was passed after MPAA realized that there is a signal flow between eye and brain and storing that DATA in memory is a copyright violation.
Sounds funny eh? It isnt. It stopped being funny long time ago.We consumers are theives, and pirates who want to destroy the economy.
Thats what the fine print says. PeriodTried and true solution (Score:5, Insightful)
Sell your TV.
Try, just try, life without a television. You'd be amazed how little you miss it, and how much other stuff you'll do instead. If you have a significant other, you'll have time to actually spend with that person, instead of sitting on your arse and not looking at each other. If you don't have an SO, you'll drastically increase your chances of finding one. If you're not looking, you'll at least have time to pursue other hobbies, like coding, or cooking, or bungee jumping, or whatever the heck else trips your trigger. Just try it. You may very well love it.
We live in a capitalist society. If you don't like what the businesses are trying to do to you, then stop using their product. What the hell does a federally-mandted broadcast flag matter to you when you don't watch TV?
Re:Tried and true solution (Score:4, Funny)
Why be so drastic? (Score:2, Interesting)
So I keep the TV, got a good pickup antenna for network broadcasts, and refuse to pay for cable. Yeah, there are shows on Sci-Fi and Cartoon Network I wish I could catch, but when it's a big deal I ask a friend or family member to tape 'em for me. And they generally do. And if they don't, I wait until I can buy or rent the DVD and watch the whole thing without commercials (or download them off of KaZaA while I'm waiting, if it's really that important me).
Bottom line: I'd rather spend $40/month on two DVDs I really like and want to own, than on cable television piping hours upon hours of useless junk into my household.
Re:Tried and true solution (Score:3, Insightful)
Why should anyone give up television? It's great that you're being all "holier-than-thou" about TV, but many people do enjoy it.
If that were the case, I'm assuming you don't listen to music anymore, watch movies anymore, play video games and surf the intern--- wait a second! Obviously you feel that content control is only applicable on things you don't care for.
This kind of action should not be ignored. Every medium that "they" restrict will just lead to more power for "them". Selling your TV doesn't solve the problem, it just gives "them" the go-ahead to do this to something else.
Re:Tried and true solution (Score:3, Insightful)
My claim is that television is much more like an addiction than like something that people enjoy and appreciate. Watching television isn't living your life. At best it's setting aside your life for an hour or four every day. At worst, it's vicariously living someone else's idea of what your life should be.
You (pi radians) think you're fighting against content control. Broadcast television television isn't uncontroled content today. The lines between "content" and "advertisement" are already blurred, and I don't just mean product placement, I mean program sponsors gaining editorial control over scripts.
You're getting duped if you think you have the freedom to watch a show without ads. You're accepting a straw-man definition of "freedom" so you'll keep watching what they want.
Just walk away. Wait for the withdrawl to fade, and see if you miss it or not.
And for what it's worth, the quote generator at the bottom of the page had this to say when I viewed the parent:
Woolsey-Swanson Rule: People would rather live with a problem they cannot solve rather than accept a solution they cannot understand.
Re:Tried and true solution (Score:2)
Tried and failed solution (Score:2)
Kjella
Mad Libs! (Score:3, Funny)
Sell your books.
Try, just try, life without books. You'd be amazed how little you miss them, and how much other stuff you'll do instead. If you have a significant other, you'll have time to actually spend with that person, instead of sitting on your arse and not looking at each other. If you don't have an SO, you'll drastically increase your chances of finding one. If you're not looking, you'll at least have time to pursue other hobbies, like coding, or cooking, or bungee jumping, or whatever the heck else trips your trigger. Just try it. You may very well love it.
We live in a capitalist society. If you don't like what the businesses are trying to do to you, then stop using their product. What the hell does federally-mandted illiteracy matter to you when you don't read books?
Life without TV (Score:3, Interesting)
A friend gave me a Radio Shack 1" TV, which I last used on September 11, 2001. It's in a drawer with the flashlights, extra batteries, and other emergency supplies.
Re:Tried and true solution (Score:4, Informative)
I used to be a big-time TV junkie. I thought I couldn't live without Star Trek, Simpsons, Homicide, whatever... to the point where I would pass on social engagements to watch the shows, fly into rages when the VCR didn't record the show correctly (or it was pre-empted), etc. etc... and then I just stopped watching it and found out that yes, I could live without it, pretty easily.
I still do have it, for occasionally watching the movies that I own, or playing some Dreamcast when friends come over, but that's about it. But in the meantime, I've caught up on my reading, the house is quieter, the nights are longer (it's true) and I actually talk to my SO during meals again. Not a bad trade.
Oddly enough, the biggest hassle I get from not watching television is from people who can't believe I don't. I've seen reactions ranging from shock and disbelief to anger and hostility. The thing I hear most often is "Oh, so you're one of those KILL YOUR TELEVISION people?" No, I just killed mine, you can let yours live if you want.
Foot bullet (Score:2)
If anything, I will boycott any show which won't let you record it out of spite and I think a lot more people may as well.
Highly inappropriate behavior (Score:3, Insightful)
I question the appropriateness and perhaps even legality (in an abstract theoretical sense) of a member of the legislative branch of the government urging a part of the executive branch to grab power it does not seem to have, because the legislative branch has not granted it. The legislator does not work by fiat, it's his job to legislate. Should he fail in that endeavor, as Hollings has up to this point, he should not go behind the scenes and try to get the executive branch to do his bidding anyhow.
Congress should officially reprimand Hollings for this. (Not that I expect it...)
Probably the most telling comment: (Score:2)
Does it appear to anyone else that that is pretty much the running theme for ANYTHING the MPAA has its fingers in? Its all or nothing with them. They rail about how they are losing like crazy, yet refuse to hear anything even remotely like a compromise.
Well, I paid a heck of a lot of money for my home theater setup.. I guess if they manage to whack my TiVO (which I would assume they are also thinking about, as its pretty easy to dump the signal out to a decent recorder) then DirectTV is gonna lose my business. And probably a lot of OTHER peoples business as well.
This looks to me like a pre-emptive strike at the HDTV standards that are going to come out.. after all, why WOULDNT you want to record something that is twice the clarity and fidelity of even the best DVD right now? They can control DVD's to a certain extent, but they will NOT be able to control this, they know it, and they are running scared before the fact.
(Now.. if only we could get them to program something WORTH RECORDING in HDTV.. right now, I only get HBO (same old same old) and a couple of news channels.. and interminable re-runs of ER)
Maeryk
FCC cannot impose broadcast flag... (Score:5, Informative)
The MPAA tried shenanigans like this in '00 attacking RecordTV.com [findlaw.com] suceededing in shutting it down.
If PVRs were in every house instead of VCRs, there would be no chance of this getting by, but since this wont directly impact people for several years it will be too late to complain once the new generation of flag obeying goods arrives, and everyone will probably just accept that now, you have to PAY to record TV and watch it at a later date. Or this will kill the adoption of PVRs; once people realize that you cant record whatever you want with a flag-crippled PVR.
Is it time for the Geek community to target... (Score:5, Interesting)
When is Hollings up for re-election?
Who is running against him?
Are the opponents views any better?
We all grumble, complain, and flame. We also say we're too small. But have we tried yet to use tried-and-true mainstream political techniques?
Re:Is it time for the Geek community to target... (Score:2)
Who is running against him?
Doesn't matter, he will win. I know that sounds like a defeatist attitude, and well, it is. Be a liberal in this state for a few years and you will understand. I feel it, and I would say I am pretty close to middle.
Re:Is it time for the Geek community to target... (Score:2)
Re:Is it time for the Geek community to target... (Score:5, Insightful)
Whether you like them or not, we could learn a lot from the National Rifle Association. The NRA has their "protecting our freedoms" issues, and they've managed to unite a group of fairly individualist people for a common goal. Legislators do not defy the NRA lightly in Congress, while they routinely screw over the tech industry. We need a solid lobby like the NRA to watch over our interests in Washington.
Contact the FCC (Score:2)
Remember, if you call or email, to be polite and explain to them why this proposed regulation will provide NO benefit to the citizenry.
Oh, please... (Score:3, Interesting)
Assuming that the MPAA does succeed in getting this "broadcast flag" established, here's a quick timeline:
September 2002:
'Broadcast flag' added to all copyrighted transmissions.
October 2002:
Hack published on 19 different websites describing how to circumvent the 'Broadcast flag'.
Good... (Score:2)
The industry has set a precident over the past ~20 years with the things like the VCR and more recently (~10 years), TV Decoders for computers and it's likely to get quickly shot down. I can say that I don't actually own a PVR or contribute to the OpenPVR project, but if this comes to fruition, I think we will see a huge increase in the number of Linux PVR solutions.
Broken Link (Score:2)
I only skip ads I don't like (Score:3, Insightful)
So they should focus on delivering ads to me that are relevant and that I would want to watch instead of trying to think up ways to force me to watch ads that wouldn't interested me and wouldn't lead to any purchase by me.
How can they tell what ads I like? The best way would be to watch my clicks (which TiVo does already, but in an aggregate/anonymous way) and just learn what tends to catch my eye. I wouldn't mind giving up that so-called privacy. Or they could ask me to fill out a survey indicating what I'm interested in.
How can they deliver ads I like? They can have the PVR use otherwise idle time in the middle of the night to record and save ads just for me that it could later insert into programs I'm watching, clobbering the generic ads which came with the broadcast that I probably wouldn't want to see.
The advertisers should see this as a big opportunity to send me ads that would interest me, that I'd enjoy, and that could lead to my making a purchase. But sitting around trying to think of ways to force me to watch ads that don't meet any of those criteria is just dumb and counterproductive.
Why involve the FCC? (Score:3, Interesting)
Your elected official doesn't read Slashdot! (Score:3, Informative)
Myself, everytime I read an article on Slashdot which makes my blood boil and pertains to privacy, civil liberties, anti-consumer electronic devices, and/or bad technology legislation, I contact my legislators via email, fax, or snail mail.
Your elected official needs and wants to hear from you on the issues! If they get a mere 10 letters, faxes, or emails on a topic it raises a "red" flag and forces them to look at the issue before unknowing upsetting their constituency.
I urge you to contact these people and let them know what you think on a weekly basis. America is still "Government by the people, for the People."
While you are at it, register to vote!
Lastly, we always hear talk about buying legislation in the form of campaign contributions. Believe it or not, it doesn't cost all that much to buy legislation and once we all get in the habit of contacting our legislative officials and voting, we can donate money to a PAC, donate to campaigns and hire lobbyists. Then the Slashdotter will truly be running with the big dogs, but political involvement has to begin small.
Here are some helpful websites to guide you:
U.S. House of Representatives [house.gov] U.S. Senate [senate.gov] Congressional News [congress.gov]
I fear if we do not act and unite soon, that we will lose control of the Internet and consumer electronics in the name of Patriotism and anti-piracy.
Re:interesting (Score:2, Insightful)
Wrong.
The ends do not justify the means. Ever.
Re:Exactly (Score:2, Funny)
The Temporal Prime Directive forbids this. That's why it would be wrong.
Re:Exactly (Score:3, Insightful)
Correct. For instance, it would be totally immoral for a person to committ suicide (an act expressly forbidden in the Bible and illegal in most states) to prevent a terrorist act from killing thousands. We'll just have to live with the worse outcome.
This is not suicide, it is heroic sacrifice of ones life to save others, there is a difference.
It would also be wrong to go back and in time to 1937 and shoot Hitler, before he gassed millions of innocent people because savings uncountable lives of children just isn't justified by taking away fewer than 10 lives of a raving lunatic.
Time travel "What If" type scenarios are silly. You have two problems, first, at that time in his life, he had not commited any of those crimes and you would be in effect killing an innocent man. Second, there is no way to insure by removing him things wouldn't be worse, another, dictator could rise up, put Germany on the H-Bomb fast track and use it first against Russia, winning the war. Perhaps because some economic plan was never implemented, Germany and possibly Europe could have remained in a depression for much longer, causing millions to die of starvation and or disease. Or WWII may happened anyway, changing virtually nothing.
There are millions of possibilties and not one of them means anything.
Re:interesting (Score:4, Insightful)
"Now let's hope some of the Good Guys (tm) start doing the same thing."
You're laboring under the misconception that there are "good guys". Remember, this is Congress we're talking about.
(Yeah yeah, I know, Boucher seems fairly clueful on issues of importance to the Slashcrowd, but I suspect he's just playing contrarian because the RIAA/MPAA haven't stuffed him full o' cash. Yet. Dig around, I'm sure he belongs to somebody other than his voters.)
Bad precedent? (Score:4, Insightful)
I wonder if this isn't a bad precedent. The members of the legislature are accountable to the electorate (in theory at least.) If the proposed regulation becomes a law, the voters can hold the senator from Disney accountable for his actions. Referring the matter to the FCC will no doubt be a faster means to the same end, but it is an end-run around the democratic process.
After all, how many people voted for any of the members of the FCC?
If anything, this move strikes me as rather anti-democratic. Certainly, bypassing the individuals who are publicly accountable from the process entirely would speed things up. I am sure that the lobbiests and appointees could get rules and regulations passed much faster. I am not sure that it would be to Joe Sixpack's advantage though...
However, I am sure that the MPAA and RIAA would find the results very satisfactory. Just think how much they could save if they did not have to buy politicians anymore!
Re:Bad precedent? (Score:2)
Everyone who didn't vote Libertarian?
Out of the frying pan, into the fire (Score:3, Insightful)
Yes, it would've been more democratic to debate it and vote in the congress on something of this nature, but we have two choices:
1) Sit around crying and watch it happen.
or
2) Accept the opportunity to defend the consumer and take advantage of the comment period!
I don't know about you, but option two sounds better than grabbing the kleenex and crying to till I puke, thanks.
You can bet that TiVo and ReplayTV will write comments, but the general public has to care or this will be a cakewalk for the bad guys. If you're wealthy, consider hiring a DC communications lawyer to write your stuff for you. They're expensive, but you're rich, what do you care. Or of course, donate to EFF. [eff.org]
Don't forget that the FCC is mandated to regulate broadcasting "in the public interest." You're the public, tell them what your interest is.
Once the FCC issues a Notice of Proposed Rule Making (NPRM) you should be able to submit comments online at fcc.gov. [fcc.gov] Or you could always print a hard copy, sign it in ink, and send certified mail to the address on the site. (Which would be much better.)
Re:interesting (Score:5, Insightful)
The FCC is an executive agency. It should not be making policy, especially policy of this scope. Haven't you been paying attention to the disastrous results of FCC policy changes in the 1990s? Consolidation of radio into one or two companies. Creation of horizontal media empires. Extensive and undisclosed cross-branding. Death of HDTV.
This is not two elected officials taking the high road out of the muck and mire. This is two elected officials who know that there is no way they can get something like this through Congress -- most voters like their VCRs very much, thank you -- and thus these two elected officials want to do an end-run around the democratic process.
In an administration explicitly modeled on and sympathetic to big business, of course the bought senators would rather deal with the bureaucrats. The bureaucrats are much more likely to have at heart the interests of the senators' masters, Big Media.
Bring on dictatorship??? (Score:5, Insightful)
Historically democracies are destroyed, not by external forces, but rather buy a growing internal dislike of the corrpution and tar pit characteristics of the process. People feel like democracy doesn't ever get anything done, and while it is true to some extent, it is also democracy's methodical checks and balances that protects us from fascism. Fascism gets things done, it just sucks to be you when the boot heel comes down on you and those you love.
This sort of move seems indicative of what I fear may be dangerous times for our democracy. All sides of the political spectrum are convinced that the system is fundamentally broken. Government, unable to trust it's own ability to get things done has been setting up these little extra-democractic bureaucracies to run the show without public input, in the hopes of getting something accomplished. ICANN is a perfect example of this dangerous trend, a bureaucracy outside of democratic controls, created by a government convinced of its own ineptness to manage things correctly.
Maybe the distance between manipulating the FCC to get copy controls into broadcasts and electing Hitler is wide, but it seems that the same motivations drive either. We're fed up with the system, and we want somebody to fix it and increasingly we seem willing to give up our democracy just to get something done. It's that kind of desperation that destroys democracy.
Re:Bring on dictatorship??? (Score:2)
Hear, hear!
Excellent analysis. I hadn't quite thought of it this way, but this does seem to be how it's been going, doesn't it?
So, how do we fix things? It seems to me that these conversations always come back to needing a good, honest, centrist political party that actually *makes sense* and can win on those terms, without having to kowtow to the $$. If that party develops, and makes inroads, then maybe they can stop the madness. But you need a certain critical mass of people / opinions / visibility before a party could start winning elections, and then you need another critical mass inside congress to start actually making a difference.
If we could do that, then maybe we'd be able to start trusing ourselves again, and can start wittling back the extra-democratic controls that you spoke of.
About the only silver lining is that, eventually, any really crappy laws will get repealed. The problem is that we might have an entire generation or two (or many more, as was the case with slavery and civil rights reforms) before things "get better". And what will that do to our country as an economic power? *that* is my real fear. That as we try to sort out these stupid special interests, we end up hindering our own economy so much that the European Union destroys us in the long run (or the Far East, or, God help us if they ever unify and start governing effectively, Africa). There're plenty of SMART people out there (most of the planet). Just because we're kicking their butts today doesn't mean that, in a hundred years, the tables won't be turned.
someone buy that poster a beer (Score:2)
It's too true. Had one of the Good Guys taken a similar action, it would have been hailed in these pages as a necessary escalation to prevent the whole issue from getting bogged down in a corrupt legislative process. But when the Bad Guys do it, we all label it an underhanded attempt to circumvent the checks and balances of that very same legislature.
And you want to know the scariest part? Even though I'm quite aware of this double standard, I still feel the temptation to lock Hollings in the Senate coat closet and not let him out until he admits he's a "dirty rat fink and kept boy of the entertainment industry".
Sometimes a overly strong opinion can be almost as dangerous thing to hold as a overly weak one...
Re:interesting (Score:2)
Bureaucracy might be slow, but thats the whole point - so those with power and no public accountability can't stick it up your ass with nary a second thought.
Democracy
Re:interesting (Score:2)
Re:You actually ELECT these people? (Score:2)
Re:You actually ELECT these people? (Score:3, Insightful)
Actually, the problem is that to those who vote, these types of issues DON'T matter. I'd be willing to bet they have a laundry list of concerns before they get to stuff that the slashcrowd cares about.
Re:You actually ELECT these people? (Score:2)
Re:You actually ELECT these people? (Score:5, Insightful)
Why should this matter to them? Seriously. Have you ever tried to talk to average people about this stuff? I come from a fairly typical blue-collar community. I've tried explaining these types of things, using some of the most easy to comprehend methods around. The great majority still either do not get it or could care less. They just want tax breaks, decent schools and other public services, and health care. Recording TV shows is going to be about last on their list.
"Why do candidates always talk about a few key issues when they're up for office?"
Because thats what matters to voters, no matter how it starts, opinion poll research will still say campaign finance, abortion, etc. That's what matters to everyday Americans. And I can just imagine the first average person raising a ruckus about recording TV shows. His neighbors would quickly label him an idiot, since there are so many other, more compelling things to be concerned with, like better schools and health care.
This is _not_ a sexy issue. It will not be a big attention grabber. The average voter is not going to be the one fighting this, it will be the companies who stand to lose if it happens. VCR makers, TIVO, etc. Joe Sixpack just wants the potholes on his street fixed, a safe school for little Jimmy, and health care thats good enough so he can afford it if he takes ill. Frankly I can't blame him.
What matters to you and I is generally no one elses concern.
Re:You actually ELECT these people? (Score:2)
Who do you think changes those people's minds? Who gets those swing votes out? I'll tell you who. Advertising agencies. Those agencies need money. Where do you think that comes from?
So yea, they are representing the people who got them there in the first place. Problem is, those people aren't their constituents.
Re:You actually ELECT these people? (Score:2)
Well, yeah, some of 'em. Others win sort of ambiguously (Bush in Florida), and still others are simply appointed to powerful posts with very little real voter control (Powell as FCC chairman).
The worst of it is there's really not much we can do about it. (I'm feeling cynical today). Here're the big problems, as I see it, with the US system:
Special interests pump lots of money into elections. They do this to get their issues voted on their way. Because they're so vocal, candidates get plenty of expensive press. Because (for example) the incumbent gets so much press, his opponents needs press to, so he goes to other special interests. And so on. This is why we need good campaign finance reform, but we won't get it (or something like it) until after the next round of elections, and even that is unclear if it'll survive a court test because of a little something we call Free Speech.
Politicians want to keep their jobs. Congressmen want to stay congressmen, and Senators *definitely* want to stay senators. So they have to run every few years. So they need money to run. And we're back to campaign finance reform (CFR, 'cause I'm tried of spelling it out). Basically, we need to reform campaign finance because, well, people are constantly campaigning. But, wait, we could institute term limits! Well, that can't be done at a state level (it's been tried, and I believe some state measures have been struck down). So, we need term limits in the US Constitution. Well, who writes and approves amemendments for presentation to the states? Congress. It took how many years for CFR? Any bets on when we might see an amendment for term limits?
We could bypass the congress and amend the constitution directly. It's possible to have a Constitutional Convention, bring together representatives from each state, and modify the constitution directly, without having to wait for congress. But the last time we did that, we threw out the old system ENTIRELY and created what we have now. I don't expect that we'd do anything quite as drastic, but I would expect that any delegates to a convention would be just as pressured by special interest groups as Congress is (if not, more). So, sure, we might get term limits. But we'd also get anti-abortion (or pro-choice, depending on who spends more), anti-flag-burning, DRM, permanent copyrights, and who knows what else. So this isn't an option.
So, to review, for those of you outside the US wondering why we keep electing these idiots:
At least we've got one thing going for us -- we don't kick out our President every time he does something that pisses off the majority of the country (well, we do, but we have to wait up to 4 years to do it). I never understand how countries like Isreal, Great Britain, or Italy can survive with Prime Ministers losing all hold on power on, essentially, a popular whim. So at least our executive branch (current dictatorial fiats notwithstanding) isn't quite as screwed up as other countries'.
Re:Welcome to Democracy (Score:2)
Re:My question number one! (Score:2)
Really, the game of fighting drugs, or fighting piracy has become such a business and goal in its own right that it really isn't connected to the purpose (protecting communities, artists) it was meant to serve in the first place. What are all the businesses who's viability rests on the protection of IP going to do if you just go out and arrest all the guilty folks tommorow?
Re:My question number one! (Score:5, Insightful)
You posted this AC and I'll never know why. At first glance it looks like a troll, but it's not.
The NRA has advanced this argument for years. It's summed up in their bumper stickers "Guns don't kill people, people kill people." As much as I hate to say it, they're right.
DVRs don't commit piracy, people commit piracy.
The NRA has launched a succefull and powerfull campaign in American government to portray guns as tools, not weapons. The MPAA and the RIAA are launching a similarly successfull campaign to portray P2P networks, DVRs, CD burners, DVD burners, Computers, Abaci, and Pencils as criminal skills development equipment.
I only wish the technical professionals in the US had the gumption to organize like the AARP has. There's a reason why everyone's afraid to touch Social Security but no one thinks twice before trying to outlaw something like floppy drives.
With any luck (Score:2)
Re:Won't work ... (Score:2, Insightful)
It would be just like saying "DVD's will not be copied" 5 years ago. We all know that [cmu.edu] isn't true.
Someone will always find a way around it, just as the MPAA will always find a way to stop it. This article shows that it is seemingly more difficult for the MPAA to put these procedures in place, that it is for people to circumvent them.
This is a Good Thing--it shows the government is protecting fair-use for the most part. Just as people will not stop circumventing stupid technologies that restric fair use (e.g. DeCSS), the MPAA will never stop their crusade either.
They have a flawed business model, and think we are all thieves, and while they continue to have enough money to buy senators (Fritz et al.), that image will prevail, and the leapfrogging will continue.
Re:Public my interest! (Score:2)
That argument is of course BS -- it's Hollywood saying, "Give me a broadcast flag or I'll just walk away from the billions that digital broadcast is gonna make me" -- but that doesn't matter. They just need to have an answer, not a good one.
Re:Our junior senator (Score:2)
Re:Our junior senator (Score:3, Insightful)
> Not only is he failing his constituents, he's
> endangering the freedoms of the entire country.
The entire Senate is not qualified to make any laws forbidding fair use, as the following illustrates:
http://techupdate.zdnet.com/techupdate/stories/
>>> Until last week, the staff of the United
>>> States Senate was demonstrating that the
>>> people who create our legislation don't think
>>> they have to obey it themselves. The Senate,
>>> which is now crafting legislation that would
>>> further restrict the illegal sharing of
>>> copyrighted works over networks, was
>>> apparently a hotbed of illegal file sharing
>>> and other peer-to-peer (P2P) networking
>>> activity.
Hm, does the word "hypocrite" ring a bell?
> I guess he's too senile to remember the oath he
> took to uphold the Constitution?
I don't know if Hollings took part personally in the mass unconstitutional screaming fest, but a couple weeks ago a good sized chunk of Congress ran outside, said the pledge of allegiance to the flag, screaming the then unconstitutional "under God" part. Regardless of the merits of the judge's controversial decision, I would think doing something that was legally at that moment found to be unconstitional would break their oaths.
Even if their oaths are intact, no one can argue their immaturity.
Come on, Tok Wira, these sharks have gotta pay!
New Kirk calling Mothra, we need you today!
Re:Get BETA! (Score:2)