From Washington Post: Tech Firms Aim to Change Copyright Act

From The Washington Post: Tech Firms Aim to Change Copyright Act
ISP's Liability for File Sharers at Issue

By Jonathan Krim
Washington Post Staff Writer
Thursday, January 6, 2005; Page E01


Several of the world's largest high-tech corporations plan to urge Congress today to force Internet service providers to crack down more aggressively on their users who swap copyrighted software, music or video files online.
The move is a significant escalation in the campaign by the software and entertainment industries to squelch widespread file sharing by millions of users through services such as Kazaa, Grokster and Morpheus. If successful, it could reshape a long legal tradition of shielding phone, cable and other communications companies from liability for the actions of their customers.
Although members of the Business Software Alliance, including Microsoft Corp., International Business Machines Corp., Intel Corp. and Adobe Systems Inc., have not suffered losses from illegal file sharing as great as the entertainment industry's, they believe the problem will only worsen as technology improves and more people get high-speed Internet access.
Generally, the only way for companies to learn the names of suspected file traders is to file a lawsuit, a step technology companies would prefer to avoid, said Bruce Chizen, chief executive of Adobe, which makes the popular Photoshop editing program. The Recording Industry Association of America has so far sued 7,700 file swappers in hopes of scaring away others, a strategy that has angered many music fans.
Instead, Chizen and BSA officials want Congress to secure the cooperation of Internet service providers by amending the 1998 Digital Millennium Copyright Act, which was designed to address potential copyright violations in the electronic age. They say changes are necessary because the original statute was enacted before services took root allowing computer users to swap songs, software and other digital material on a massive scale.
The campaign to modify the law is part of a broader effort by the BSA to address a variety of copyright and patent issues. In a report to be released today, the group outlines its concerns but offers no specifics on how the 1998 law should be changed. But in an interview, Chizen and BSA Executive Director Robert Holleyman said Internet service providers should no longer enjoy blanket immunity from liability for piracy by users.
Without cooperation from Internet providers such as America Online, Verizon, Comcast Corp. and others, Chizen said, it can be difficult to track down the names of file swappers, who often can be identified only by their numeric computer addresses. Under current law, communications companies have to provide the names of the account holders who match those addresses only if they receive a subpoena as part of a lawsuit targeting a user.



.... more at linked article

I hope everyone is ready to pay higher prices to ISPs as they get sued and pay huge settlements for mis-use of their services by their customers.

I really wish these Tech firms, and other intellectual property holders, would look back at themselves for being a large part of this problem. Charge reasonable prices for their products (a big /salute to Stardock for keeping this policy in mind) so that customers can afford to buy them, and will feel guilty about not paying for them (as they should). Make the products convenient for consumers to use in any way they wish (so that a customer need onlly buy one copy of a song which could be used in the home, in the car, on a portable media player, etc., without restrictive rules that cause customers to have to repurchase the same product again and again in multiple formats).

If many of these companies spent their money instead on improving relations with their customers, and educating their customers (as well as on improving their products), they'd find the piracy problem to be much, much smaller than it is.

3,421 views 7 replies
Reply #1 Top
What I'd like to know is just how they plan to enforce this idiocy on companies that do not reside in the US?
Reply #2 Top
Holding ISPs responsible because file sharers use their services to download songs makes about as much sense as holding a city responsible for a bank robbery because the robbers drove the "getaway car" on the city's streets.

In reality, the absolute best thing that could possibly happen for music and movies in this country is the demise of the RIAA and MPAA!!!
Reply #3 Top
Actually I'm all in favour of a change in the law.

It's illegal to handle stolen goods so why should it not be illegal for ISPs to handle stolen goods? Because that is exactly what they are doing.

Rather than them becoming liable though, I'd rather see the law changes so that there was an information police service responsible for protecting copyright and patents online. They would then be responsible for stopping and prosecuting illegal file swappers. I'd like them to have powers to

A) force all ISPs to block file swapping of known illegal software
B) force all ISPs to block users who are known to swap illegal software
C) force all ISPs to reveal details of users who swap illegal software
D) have enforcement options from removing illegal software, to fines, to impounding computers to full court cases and jail.

It's about time that people realise that fraud on the internet is just the same as fraud in real life. Illegally swapping files is similar to stealing goods from a shop. Just because that latest Jaguar is too expensive for you to buy does not give you the right to steal it. Likewise, just because the latest Adobe Photoshop product is too expensive for you to buy does nto give you the right to copy it illegally. There are plenty of shareware alternatives.

As for the question of overpriced, this is a completely separate issue.

Paul.
Reply #4 Top
The problem with how they running the "anti piracy" lawsuits now is, the defendant is innocent until proven guilty. If their stormtroopers come to my door, accusing me of illegal downloads, it is left up to me to prove them wrong. Remember, not all downloads are illegal.

Furthermore, the music industry has a lot of gall accusing anyone of theft. Those murderous thugs have been stealing music from all of us for decades now. They brag about how, if it weren't for them, most people would have never heard of the most popular artists. Well, that may be true, but for every artist they make a household name there are 100s they suppress.

The recording industry holds all professional musicians hostage, letting a few through to "stardom" while most end up sleeping with their instruments in storage units.

Imagine music being an artform, instead of an endless list of talentless media whores.

Destroy the RIAA and you will revitalize music in America!!!
Reply #5 Top
I still have to wonder why its a problem with the ISP. Why aren't the sites that are doing this sued.
Reply #6 Top
the question on monop[oly is a separate one from the question of piracy. I too would like to see stronger anti-monopoly laws brought in, and in return much improved anti-piracy laws.

Paul.
Reply #7 Top
I too would like to see stronger anti-monopoly laws brought in, and in return much improved anti-piracy laws.


Assuming that all downloads are "piracy".