Gonzales Launches New Copyright Clampdown

Intellectual property protection is being used to stymie innovation, to keep old business models intact, and to control knowledge.  Last week Attorney General Gonzales announced new legislation that would criminalize intellectual property protection:

Gonzales: As we know, the strength of the American economy is dependent on the creative and entrepreneurial spirit of our citizens. At the heart of that spirit is the dedicated protection of intellectual property - and the innovations, jobs, and productivity that flow from it. source: Department of Justice

Moreover, the government is shifting from civil protection of property, which focused on recovering damages, to criminal protection, which will focus on punishing violators, including those in the gray areas of the information economy.

Gonzales: I'm pleased to announce that we've just sent to Congress important legislation to address the problem of intellectual property crime: the Intellectual Property Protection Act of 2005. This is a comprehensive legislative package designed by the Department of Justice to help overhaul and update America's intellectual property statutes. It is a reflection of the sustained commitment on the part of the Department and the Administration to ensure that we are doing everything we can to combat this problem.

The proposed legislation marks a major shift in intellectual property controls.  Note the words "intellectual property crime."

We also propose to strengthen restitution provisions for victim companies and rights holders, in order to provide maximum protection for those who suffer most from these crimes.

Them's who are suffering ain't no you or me.  It's the Disneys and Microsofts of the world who suffer most from these "crimes."  And while they do have a right to intellectual property, they are also part of the problem.  It was Disney that got copyright protections extended to last 70 years, as part of a possible ploy to keep extending copyrights forever, keeping most works from every making it to the public domain.  And Microsoft used its control of the computer industry to gang up on competitors and to run an illegal monopoly.  The big studios and software giants, along with biotech firms, don't just seek fairness in intellectual property laws, but advantage.  Additionally, the entertainment industry is writing its own death notice by seeking criminal laws and government protections to put off the demise of its current business model.  Stupid.

The really scary part of the new proposed legislation is this: The intent to illegally copy materials would constitute a crime.  Watch out all you hackers.

It's possible to protect the creators of art and culture from having their livelihoods stolen from them without resorting to this kind of legislation.  And it would actually benefit the US economy to free up information, actually limiting the scope of intellectual property rights, rather than to close down information sharing and dissemination.

Cross posted: Political Porn

•  thing is

  Thing is, we hare in america aren't theo ones doing this, its china, and do you think the chinese government gives a rats ass about our laws?

   They'll just do a staged raid every few months, all the while ignoring the billions of copyrighted material being illegally produced.
   China is playing us masterfully. If this were a game of chess, I think the US may as well tip its king, checkmate is only 5 to 10 moves away.

  by threecents on Mon Nov 14, 2005 at 12:55:08 PM PDT

  •  Arnold went to China

    The Governor of California went to China. Representing California businesses, one of his requests was to stop software piracy. Too many bootleg copies of 'The One-Terminator' out there.

    But, if the feds are itchin' to put the thumbscrews to someone over copyright, how about Sony? Seems Sony violated the LGPL with one of their spyware schemes.
    

    by chimpy on Mon Nov 14, 2005 at 01:21:58 PM PDT

  •  Did you hear of Sony's DRM rootkit malware?

    They have secret software on some of their music CD's.  Turns out, they violated IP rights in their malware code.  Can we send the Sony execs to jail now?
    http://www.boingboing.net/...

    by Capn Guts on Mon Nov 14, 2005 at 01:36:23 PM PDT

•  off the streets

  We have to get these violent intellectual property pirates off the streets.  We'll have to make some room in our overcrowded prisons though so we will have to release the less dangerous prisoners like drug dealers and burglars and rapists and such.  After all, those criminals only hurt a relatively small amount of people.  These disgusting pirates are stealing from the corporations that create jobs.  If this is allowed to continue, these companies will go under and everyone will lose their job and starve.  Enforcement is also important and since this criminal behavior is so widespread a great deal of manpower will be needed.  Violent gang activity and terrorism are nothing compared to the threat that rampant theft of intellectual property.  The very economic stability of our country, of the entire planet is at stake.

  by Orangebeard on Mon Nov 14, 2005 at 12:56:47 PM PDT

  •  oh, I am afraid, very afraid

    by Tom Kertes on Mon Nov 14, 2005 at 01:32:43 PM PDT

•  This How They Are Gonna Stop Online Free Speech

  This is how they are going to destroy blogs, for one thing. They'll have Markos in chains for hosting servers with copyright violations on it

  by NewDirection on Mon Nov 14, 2005 at 12:59:06 PM PDT

  •  yes, I agree

    the bigger issue is control of information

    by Tom Kertes on Mon Nov 14, 2005 at 01:29:18 PM PDT

•  Do They Really...

  ... have a "right" to intellectual property?

  I'm not so sure they should.

  When we work intellectual property the way we have, we are graspy economy of ownership with no commons, no area where we can all tap in and use what we find to expand--and expand for everyone.

  Grasping for every penny has hurt rap music--not much sampling, now that it is so expensive.  And that hurts everyone.  People in all areas of art are scared to use other art to make new--and that hurts us all.

  Right?  Disney has been dead quite some time--and his company has made huge amounts off of Mickey.  Mickey really has become part of our common experience--part of our common culture.  Why should the Disney people continue to make money off of Mickey?  They didn't create him, and it is something well beyond them that keeps Mickey alive.  Their greed is impoverishing out culture by not letting others use Mickey, especially as Mickey is so much of an important part of the culture.

  Good diary!

  by AaronBa on Mon Nov 14, 2005 at 01:00:52 PM PDT

  •  I really wonder if corporations

    should have the "right" to intellectual property.

    I also wonder what an all-public-domain economy would look like

    now that the network matters more than the content, perhaps we'd benefit from going to an all-open-domain economy

    by Tom Kertes on Mon Nov 14, 2005 at 01:28:53 PM PDT

•  This is scary...

  
  This is about casting 'doubt'--

  Basically, creating a society where anybody can be locked up anytime for anything.  

  Blogs are an example-- its designed to creating a chilling environment where Kos can say "WaPo is a Shill" but not post anything to prove it.

  Bottom line is the proprietors of the 'old order' of intellectual property don't just want to keep their old business model in tact- they want to stop anyone else from doing business.

  I listen to an internet radio station (http://www.maccaradio.com) that is 24 hour Beatle music-- I am sure under this law the proprietor of that site would be unable to continue broadcasting.  You want 24 hr Beatle, subscribe to Sirius or XM.  

  We have to stop this.
  

  by jgkojak on Mon Nov 14, 2005 at 01:08:57 PM PDT

  •  what's worse is having all of the

    equipment that "might" be used to share music or other information getting seized, making it impossible to use this kind of technology

    by Tom Kertes on Mon Nov 14, 2005 at 01:27:35 PM PDT

•  Recommended.

  We need the Dems on our side on this one, giant contributions from media conglomerates notwithstanding.

  by peacemonger on Mon Nov 14, 2005 at 01:08:58 PM PDT

  •  yes

    this is a freedom of information and free market issue, one that Dems should be concerned about

    by Tom Kertes on Mon Nov 14, 2005 at 01:26:12 PM PDT

•  who gives a damn............

  So yah stop downloading...listen to free music.....and stop buying the products.....I've got a huge legal dvd and video game collection that I'll stop adding to if these laws are passed. I don't have to go buy a ps3 or abox360 when they come out I can just as easily  go buy books and get just as much entertainment. Or  go on more vacations with the money I save. Just like I switched from label music to techno (lots of free stuff on the net) because the music industry decided to start attacking people. These are not life nessecities who cares.......between this and their pain in the ass drm it'd make my life easier anyway. But I highly doubt they'll get passes.

  by MrFlesh on Mon Nov 14, 2005 at 01:22:39 PM PDT

  •  I am less interested in

    illegal downloads of Britney Spears and more interested in the clamp down's effects on art, literature, literary criticism, political discourse, open access to the net, controlling technological developments that allow information to flow more freely and the tightening of control for current business models in the information economy.

    by Tom Kertes on Mon Nov 14, 2005 at 01:25:28 PM PDT

    •  Probably culture would be improved

      if down loading Brittney were illegal <snark>

      What's seriously chilling on intellectual property rights issues is things like patenting the genetic code; limiting research by any except the giant companies or universities funded (i.e., controlled) by them; likely stifling innovation when convenient.  Plus almost all art, music and writing is derivative; we build off of what went before (if we are honest we provide citations).  So to with science.

      by barbwires on Mon Nov 14, 2005 at 01:47:25 PM PDT