p2pnet - rss feed: ‘Emergency’ p2p sentencing
p2p news / p2pnet: The entertainment cartels have succeeded in pushing the Cheney/Bush administration into directly equating online file sharing with serious crime.
“The U.S. Sentencing Commission on Wednesday approved an emergency set of rules that would boost prison sentences by roughly 40 percent for people convicted of peer-to-peer infringement of copyright works ‘being prepared for commercial distribution’," says silicon.com. “The changes also say judges may ‘estimate’ the number of files shared for purposes of determining the appropriate fine and sentence,” it states, going on, “Larger numbers typically yield longer sentences.”
The cartels claim they’re being “devastated” by file sharing, calling hundreds of millions of their customers around the world “thieves”.
However, nothing has been stolen, no money changes hands and it has never been demonstrated, let alone proved, that a file shared equals a sale lost.
The Family Entertainment and Copyright Act (FECA), fronted by Lamar Smith with the MPAA (Motion Picture Association of America) and RIAA (Recording Industry Association of America) right behind him, was signed by Bush in April. He, “gave the commission 180 days to revisit its rules to make them ‘sufficiently stringent to deter, and adequately reflect the nature of, intellectual property rights crimes’," says silicon.com.
‘Offences’ is about as strong as it should be get, but cartel spinsters are experts at turning innocuous wording into highly emotive phrasing to better suit their illusory puff releases.
Under their tutelage, the mainstream media now routinely use ‘piracy’ for counterfeiting and/or file sharing and ‘violation’ for ‘infringement,’ and the issuance of a civil subpoena has become an criminal ‘prosecution’.
Nineteen-year-old 19-year-old Curtis Salisbury who, says silicon.com, “pleaded guilty to violating the Family Entertainment and Copyright Act,” is facing a total of 17 years in jail and a possible $250,000 fine.
But he’ll have to wait until February next year to discover his fate under the US legal system.
The fecal FECA legislation imposes fines of up to $250,000 and prison terms of up to three years, regardless of whether any downloading of a prerelease work took place.
But that’s not all, says the story, continuing:
“Another change in the sentencing guidelines alters the definition of ‘uploading’ to make it clear that merely having a copyright file available in a shared folder - such as those used by popular file-swapping programs like Kazaa and BearShare - can count as illegal distribution.”
The commission’s “emergency amendment adds two points to the offense level, boosting a typical sentence from six to 12 months to between 10 and 16 months if the person had no prior criminal history,” adds the story.
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First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local political representatives. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance.
See:-
silicon.com - P2P pirates face more time in the slammer, October 21, 2005
fronted by - Lamar Smith crows over victory, October 3, 2005
October 21st, 2005 at 4:54 pm
“The cartels claim they’re being “devastated” by file sharing, calling hundreds of millions of their customers around the world “thieves”.”
So what?
The horse carriage industry was devastated by the automobile. The transatlantic ship trave was devastated by the airplane. So many industries need to and will be devastated by computer technologies.
So if you are smart you jump the computer wagon and get out of the old industries as you know them. Just recently i was talking to a teacher and was saying that teachers as we know them will shortly dissapear, with most teaching tasks being taken over computers. The teacher’s comment: Agreed, but there is so much resistance to change.
Rafael Venegas
http://www.gvenegas.com
October 21st, 2005 at 7:12 pm
So which state are they planning on using for “the prision” state? It’s all fine and dandy to increase these penalties but where are they going to put us all at?
So when did we reach the point that sharing files became more serious than murder in this country?
October 21st, 2005 at 7:15 pm
How about mounting a class action suit charging the music industry with INDUCING people to use P2P filesharing technology to obtain digital music downloads, siting price gouging, poor and extremely limited offerings, inferior quality products, destroying fair use rights, nonexistent interoperability, etc, etc…
October 21st, 2005 at 7:18 pm
There won’t be room for murderers in prision. They will be full of file sharers and pot smokers.
October 21st, 2005 at 10:54 pm
Absolutely correct. Every technological advance displaces some other established technology. Although each advance is met with heavy resistance from those who’s business model relies on the obsolete technology, progress always marches forward.
The smarter businesses adapt quickly, either taking advantage of the new tech available, or finding a niche to operate in with the older tech.
The rest fall by the wayside into obscurity. The RIAA’s main problem is that the digital age simply renders their model completely obsolete.
There is no way for them to adapt, because they are no longer necessary. The new model ushered in by the digital age calls for talented artists, a bit of tech savvy, and an internet connection.
The supposed “services” the record companies have provided in the past are no longer needed.
Scouting talent- Not needed. The internet is a big place, with room for everyone. The public will choose which talent becomes the cream that rises to the top.
Recording studios- Not needed. A decent recording studio software packing can be had for less than $800. Any barband should be able to make professional quality recordings after just the proceeds from a few gigs.
Packaging / Cover Art- Duh! Digital requires no packaging, and with a $100 digital camera and some freeware graphics programs, you can make some bitchin cover art yerself, easily.
Promotion- Not needed. Self promotion via internet is free and easy. Word of mouth spreads like fire on the net.
So what does the RIAA have left to offer? Absolutely nothing, so its either sue consumers into submission or die.
We are just witnessing the death throes of a dinosaur.
October 22nd, 2005 at 12:39 am
There’s only one word to describe any judge or politician that thinks a non-violent crime of ANY kind deserves 17 years behind bars.
TYRANT
Something there is an abundance of in this world today, especially the United States.
I take comfort in knowing that eventually these deeds will one day be repaid to these insane maniacs.
October 22nd, 2005 at 2:17 am
I doubt there will be any reprecussions for the people who make these laws and pay to have them passed. Every person in america is entitled to all the rights that they can afford to pay thier lobbyists, lawyers and politicians. average joe citizen, a.k.a we, the peasant consumer cattle simply do not matter in comparison to a multibillion dollar industry.
Always have the many given up so much, so that those few elite can maintain the extravagant lifestyles that they are accustomed to. There is nothing more important than money, kids. Nothing.
October 22nd, 2005 at 2:19 am
I say we start our own internet, and not invite any of the entertainment industry jackasses.
October 22nd, 2005 at 8:51 pm
They can’t make money out of murderers.. there’s too few of them.
But if they can seriously criminalise the activity of file-sharers… they can bully and threaten millions of us with imprisonment… or… we pay them several thousands of dollars. (way over the value of whatever we were sharing)
This law also means nobody even has to trade a file… they just need to have it on show, available.
You’re a criminal… even when no crime has been committed and they have no proof.
The pricks that allow this to become law need putting down like dogs, literally.