Slyck.com
 
Slyck Chatbox - And More

Orrin Hatch at the Copyright Helm

Discuss Slyck's latest news
Forum rules
PLEASE READ BEFORE POSTING: Slyck Forum Rules

Orrin Hatch at the Copyright Helm

Postby SlyckTom » Sun Mar 20, 2005 3:23 pm

United States Senator Orrin Hatch (R-UT), former chairman of the Judiciary Committee, has been appointed chairman of the new “Intellectual Property Subcommittee. The position and subcommittee was created by fellow senator Arlen Specter (R-PA), currently the chairman of the Judiciary Committee. Fellow copyright advocate Patrick Leahy (D-Vermont) will server as the ranking minority member.

According to the <a href=http://hatch.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1311&Month=3&Year=2005 target"_blank">press release</a> issued by Hatch’s office, the new subcommittee will have a wide range of responsibilities.

“The subcommittee will have jurisdiction over all intellectual property laws and oversight on patent, copyright, trademark, and international intellectual property policies. Hatch named Bruce Artim, former staff director and chief counsel for the Judiciary Committee, the subcommittee’s staff director and chief counsel.”

Why is this important to the P2P and file-sharing community? Take a look at Senator Hatch’s past record.

Within the last few years, Senator Hatch has been a staunch opponent of file-sharing, P2P and the implied threat of piracy. Conversely, Hatch has become very close allies with the MPAA (Motion Picture Association of American) and the RIAA (Recording Industry Association of America.)

On <a href=http://brian.carnell.com/archives/years/2003/06/000028.html target=”_blank”>June 17, 2003</a>, when Hatch was Chairman of the Senate Judiciary committee, a hearing was conducted in Washshington on the alleged copyright abuses taking place on the Internet.

Hatch met with leading technology firms to discuss methods that would allow copyright holders to legally attack and destroy computers of alleged file-traders. Randy Saaf of MediaDefender responded by saying, “No One is interested in destroying anyone’s computer.”

No one but Orrin Hatch, that is.

<i>"I'm interested," Hatch interrupted. He said damaging someone's computer "may be the only way you can teach somebody about copyrights." The senator, a composer who earned $18,000 last year in song writing royalties, acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, "then destroy their computer." "If we can find some way to do this without destroying their machines, we'd be interested in hearing about that," Hatch said. "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" the seriousness of their actions, he said.

"There's no excuse for anyone violating copyright laws," Hatch said.</i>

Hatch’s attempt to destroy those sharing files was subsequently never heard from again, and any reference to his statements has strangely disappeared from his home page. Never-the-less, Hatch continued to take on file-sharing. It would come in the form of the much dreaded Inducing of Copyright Infringement Act of 2004, or “Induce Act.”

The Induce act was introduced by Hatch and Leahy in June of 2004. Its goal was to counter the Grokster decision by the <a href= http://www.slyck.com/news.php?story=547 target=”_blank”>9th Circuit Court</a>. The court did not find Grokster guilty of copyright infringement. The Induce act hoped to close a loophole in the copyright law by introducing a new term in addition to “contributory” or “vicarious” infringement; the term “Induce.” Its main focus was to hold P2P developers directly responsible for the alleged infringement taking place on their networks.

According to the <a href= http://www.techlawjournal.com/cong108/i ... 040622.asp target=”_blank”>proposed legislation</a>, just about anyone who assists in the act of copyright infringement will held “libel as an infringer.”

<i>In this subsection, the term `intentionally induces' means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.</i>

Such broad terminology could easily refer to just about any piece of technology; an iPod, DVD recorders, CD writers, VCRs, and so on.

<i>"<a href= http://www.diamondbackonline.com/News/D ... news7.html target=”_blank”>The architects</a> of this file sharing piracy make millions of dollars while attempting to avoid any personal risk of the severe civil and criminal penalties for copyright infringement," Senator Hatch said in his testimony to the Senate Judiciary Committee. "I think all here today would agree that these pernicious schemes to encourage others - and unfortunately these are mostly kids - to break federal law allows these pirates to collect huge revenues while subjecting users to the risk of prison or crippling damage awards."</i>

With such broad terms applied to the proposed bill, technology companies, consumer advocates, and even libraries ganged up against Orrin Hatch’s “Induce Act.” As of now, it appears to be <a href= http://www.publicknowledge.org/issues/s2560 target=”_blank”>dead</a> in the water.

Before Hatch’s move to target developers, the Utah Senator also tried to target file-traders – through a piece of legislation known as the Protecting Intellectual Rights Against Theft and Expropriation Act of 2004, or “<a href= http://frwebgate.access.gpo.gov/cgi-bin ... 2237is.txt target=”_blank”>PIRATE Act</a>.”

The Pirate Act, Introduce by Hatch and Leahy, aimed to give the Justice Department greater power to file criminal charges against file-traders. This is a substantial escalation from the current civil charges that a copyright holder is entitled to. Like the Induce act, this act came under great criticism. Many saw it as simply a way for the government to pay for the copyright industry’s lawsuits. The future of this bill appears murky at best, as it has been approved by the Judiciary committee. It has been tucked away with other copyright bills, however has not gone before a vote before the House of Representatives or Senate.

While it appears that Orrin Hatch may appear to be all doom and gloom for the file-sharing community, many can remember a time when it was not this way. Interestingly enough when Napster was the King of file-sharing, a different kind of Orrin Hatch was occupying the Senator’s seat for Utah. This Orrin Hatch had a very different view on file-sharing and its role for the music industry.

During Napster’s trial in the latter part of 2000, the Department of Justice and the Copyright Office wrote a brief to the 9th US Court of Appeals siding with the RIAA. Countering this, Orrin Hatch wrote a <a href= http://www.wired.com/news/mp3/0,1285,38870,00.html target=”_blank”>letter</a> to the federal appeals court stating these briefs do not necessarily reflect the view of the United States Government.

"Given the importance of the issues to be decided, I thought it important that the court be under no misapprehension that the (DOJ) brief necessarily expresses the view of Congress in this matter,"

Truly a dramatic 180 degree change in ones viewpoint in just a few short years. The music and movie industries, who <a href= http://www.opensecrets.org/politicians/ ... cycle=2004 target=”_blank”>contributed</a> $179,928 to Hatch in 2004, are most like very enthused about his new position.
SlyckTom
 
Posts: 5713
Joined: Fri Jul 26, 2002 7:22 pm
Location: New York City

Postby Wham » Sun Mar 20, 2005 3:39 pm

I shall remember these politicians when they are up for re-election. All the money they receive from their buddies at the RIAA/MPAA will not do them a bit of good when the people vote. Kick the rascal's out of office is my motto.
Wham
 
Posts: 1193
Joined: Sat Mar 27, 2004 1:28 am

Postby johnmac » Sun Mar 20, 2005 3:52 pm

I would think this is a conflict of interest, but I suppose this does not apply to politicians.
johnmac
 
Posts: 27
Joined: Sun Feb 20, 2005 10:22 am

Postby SlyckChuck » Sun Mar 20, 2005 5:11 pm

One would think that if Hatch wants this power so badly that he would become a target for being biased. it is already well known his agenda to destroy p2p. he lobbied for so many bills that were shot down in the Senate. Doubtful even with his new title, not much will be accomplished. The Senate already sees thru him.
The 80's Still Rule
User avatar
SlyckChuck
 
Posts: 7025
Joined: Sun Jan 18, 2004 12:57 pm
Location: On Earth

Postby Bizzare » Sun Mar 20, 2005 5:40 pm

Don't forget he was elected in Utah. Not to get into religious conflicts, but anyone who is unaware of the political situation in Utah should google this:

Utah Mormon

Suddenly Mr. Hatch seems to be the norm.. but only in 1/50th of the country, and 1/nothingth of the World. Too bad that he somehow managed to move up to the point where he could (potentially) affect world politics :(

A sad day.. a sad career.. a sad politician.
Last edited by Bizzare on Sun Mar 20, 2005 5:42 pm, edited 1 time in total.
One Armed Against Nine Killers
Bizzare
 
Posts: 187
Joined: Thu Jun 17, 2004 5:11 pm
Location: I was born down in a briar patch..

Postby Nick » Sun Mar 20, 2005 5:53 pm

Only in America! There's hardly a day in my life when I don't give thanks that the politicians in the UK are divorced from the judiciary.

Lets hope that common sense prevails
Nick
 
Posts: 3840
Joined: Sun Jan 30, 2005 7:38 am

Postby SlyckScratch » Sun Mar 20, 2005 6:19 pm

rocketman05 wrote:Only in America! There's hardly a day in my life when I don't give thanks that the politicians in the UK are divorced from the judiciary.

Lets hope that common sense prevails


Great Britain can be Great at times, can't it?

Makes me feel almost safe
User avatar
SlyckScratch
 
Posts: 8412
Joined: Sun Jan 30, 2005 7:31 am
Location: D>E>X

Non profit orginization

Postby david33850 » Sun Mar 20, 2005 6:42 pm

Destroy destroy destroy. They have departments for that. How hard is it to destroy things. Ask the thugs and they'll tell you it's difficult and a challenge. Fact is they screw up and destroy things on a regular basis without trying and undoubtly take credit for that having been their goal all along. Fortunately,most government branches that train people to destroy things probably aren't that good at it because they cant fire their employees so there is a buildup of deadwood.I've not got paid for a lot of work i've subcontracted because it was the honor system to pay and not regular customers. I guess by Hatches thinking i should have gone to a company that breaks windows for a living and paid for their services. Hopefully their goal of starting new departments and business to destroy things won't be very successful.
david33850
 
Posts: 145
Joined: Mon Oct 25, 2004 12:50 am

Postby Fez » Sun Mar 20, 2005 9:12 pm

I have stated elsewhere my thoughts on old Orrin, so I won't belabour it by adding to them here...

Just a thought though:
"If we can find some way to do this without destroying their machines, we'd be interested in hearing about that," Hatch said. "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" the seriousness of their actions, he said


Now...is this SERIOUSLY the massage you want to send out...??? :?:
Honestly...c'mon now....
I've got bad news for the senator...the best hackers in the world are NOT working for the U.S government, and declaring war on the independent computer user is only ASKING for some SERIOUS problems...
He is best to leave thoughts like this out of any discussion...
Or maybe I am wrong... :wink: :twisted:
Keep talking and find out, I guess...
User avatar
Fez
 
Posts: 1435
Joined: Wed Oct 01, 2003 10:26 am
Location: Great White North

Postby in_hiding » Sun Mar 20, 2005 9:25 pm

:shock: This guy scares me... or rather, he would if I lived in US jurisdiction. Phew, what a relief!
----
"The Internet interprets the US as damage and routes around it."
User avatar
in_hiding
 
Posts: 909
Joined: Thu Feb 26, 2004 10:51 pm

Postby Jelsoft » Sun Mar 20, 2005 11:35 pm

Wham wrote:I shall remember these politicians when they are up for re-election. All the money they receive from their buddies at the RIAA/MPAA will not do them a bit of good when the people vote. Kick the rascal's out of office is my motto.


Hello, but there was an election in 2004 for the President and for the House.

Where we you in November 2004?
User avatar
Jelsoft
 
Posts: 22
Joined: Tue Aug 05, 2003 3:13 pm

Postby sagaman » Sun Mar 20, 2005 11:41 pm

why doesn't someone just kick this old man into the Mystic River already!?
sagaman
 
Posts: 57
Joined: Sat Nov 06, 2004 1:07 am

Postby peepnklown » Sun Mar 20, 2005 11:43 pm

Common sense hasn’t been large in the United States since it started. Our government bends over for the all mighty dollar while we lay back and watch our system imprison us one by one. Soon I will not be able to whistle a song without paying for the copyright. A big pile of hypocrisy!
User avatar
peepnklown
 
Posts: 22
Joined: Sat Mar 19, 2005 2:32 am

Postby raar » Mon Mar 21, 2005 3:12 am

Conversely, Hatch has become very close allies with the MPAA (Motion Picture Association of American) and the RIAA (Recording Industry Association of America.)


it's obvious the dude has been paid a very large sum of money by the industy.
anyone can be bought these days. it's all about the bucks. the more u have...the more powerful u r.
or so they seem to think.
what comes around, goes around. if u worship money then u will die by money.
User avatar
raar
 
Posts: 442
Joined: Wed Feb 26, 2003 3:24 am

Postby mpfenton » Tue Mar 22, 2005 6:26 am

This country has a dire need of patent reform--especially regarding the idiotic software patents that this government keeps giving out.

With all the emphasis on copyright, I have a feeling we're never going to see patent reform laws. Unless they decide to make them even worse.
mpfenton
 
Posts: 619
Joined: Tue Apr 06, 2004 4:59 pm


Return to Slyck News

Who is online

Users browsing this forum: No registered users and 1 guest

© 2001-2008 Slyck.com