If this were strictly enforced, half this country's net users would be
in prison! Is this something they're just talking about passing, or
has this actually passed into law?
> >Here is a handy summary from the RIAA:
> >
> >http://www.riaa.com/Music-Rules-2.cfm
> >
> >There has also been specific legislation passed to more directly address
> >digital concerns. The No Electronic Theft (NET) Act criminalizes sound
> >recording copyright infringements occurring on the Internet regardless of
> >whether there is financial gain from such infringements. A copyright is
> >infringed when a song is made available to the public by uploading it to an
> >Internet site for other people to download, sending it through an e-mail or
> >chat service, or otherwise reproducing or distributing copies without
> >authorization from the copyright owner. In civil cases copyright
> >infringement can occur whether or not money was exchanged for the music, and
> >in criminal cases there only needs to be a possibility of financial loss to
> >the copyright holder or financial gain to the infringer. The NET Act defines
> >"financial gain" as the receipt or expectation of receipt of anything of
> >value, including receipt of other copyrighted works (as in MP3 trading).
> >
> >and
> >
> >http://www.riaa.com/Copyright-Laws-4.cfm#1
> >
> >The No Electronic Theft law (the NET Act) is significant because now sound
> >recording infringements (including by digital means) can be criminally
> >prosecuted even where no monetary profit or commercial gain is derived from
> >the infringing activity. Punishment in such instances includes up to 3 years
> >in prison and/or $250,000 fines. The NET Act also extends the criminal
> >statute of limitations for copyright infringement from 3 to 5 years.
> >
> >Additionally, the NET Act amended the definition of "commercial advantage or
> >private financial gain" to include the receipt (or expectation of receipt)
> >of anything of value, including receipt of other copyrighted works (as in
> >MP3 trading). Punishment in such instances includes up to 5 years in prison
> >and/or $250,000 fines. Individuals may also be civilly liable, regardless of
> >whether the activity is for profit, for actual damages or lost profits, or
> >for statutory damages up to $150,000 per work infringed.
> >
> >-----Original Message-----
> >From: Sean Garrett
> >To: 'phoATonehouse.com'
> >Sent: 2/13/01 8:33 PM
> >Subject: pho: Napster battle shifts to Capitol Hill (CNET)
> >
> >
> >Republican Billy Tauzin, the self-described "Rajun Cajun" from Louisiana
> >who
> >just took over as chairman of the House Commerce Committee, said he's
> >seen
> >up close what Napster can do. His sons are addicted, he said.
> >
> >"They tell me, 'Dad, don't you put that company out of business,'" he
> >said
> >Monday. But he has a direct response for them. "If every artist knows
> >they'll sell one copy of their music" with copies then sent across the
> >Internet, he says he asks his sons in return, "how many artists are
> >going to
> >continue to release their music?"
> >
> >------------------------------------------------
> >Napster battle shifts to Capitol Hill
> >By Patrick Ross
> >Staff Writer, CNET News.com
> >February 13, 2001, 11:05 a.m. PT
> >http://news.cnet.com/news/0-1005-200-4807208.html?tag=prntfr
> >
> >WASHINGTON--In the wake of a federal appeals court decision that puts
> >Napster even further on the defensive, the next battleground over
> >digital
> >downloading and its related intellectual property debate could occur in
> >Congress, with a possible rewrite of a copyright law only 2 years old.
> >
> >Last year, the highlight of the Napster debate in Congress came when
> >conservative Senate Judiciary Committee Chairman Orrin Hatch, R-Utah,
> >explained to anti-Napster advocate and Metallica drummer Lars Ulrich
> >that
> >they were soulmates, as Hatch has recorded gospel albums. The debate
> >will be
> >more rigorous this year, however, as Congress no longer can count on the
> >courts to protect copyrights while pleasing the millions of Americans
> >who
> >enjoy free downloads.
> >
> >At issue is the Digital Millennium Copyright Act, which detailed
> >protections
> >for content in the satellite and cable industries but left open to
> >interpretation a great deal of intellectual property law regarding the
> >Internet. This was partly intentional, but some members argued that the
> >resulting ambiguity could lead to a rewrite. Others involved in
> >authoring
> >the act cautioned that change may not come quickly.
> >
> >"I would say that's not at all likely this year," said Rep. Robert
> >Goodlatte, R-Va., co-chairman of the House Internet Caucus, referring to
> >the
> >movement of Napster-related legislation. Goodlatte and other members
> >were
> >attending an all-day conference on Capitol Hill sponsored Monday by
> >Comdex
> >and clearinghouse Web site TechIssues.net, the same day a federal
> >appeals
> >court in San Francisco signaled that Napster must shortly police its
> >service
> >for copyright violations.
> >
> >Goodlatte may find resistance on that position from his fellow
> >co-chairman,
> >Rep. Rick Boucher, D-Va., who late last year introduced a bill that
> >could
> >make some controversial online music services legal, which he hoped
> >would
> >generate a debate on digital downloading this year.
> >
> >Sympathy for downloaders has limits
> >Republican Billy Tauzin, the self-described "Rajun Cajun" from Louisiana
> >who
> >just took over as chairman of the House Commerce Committee, said he's
> >seen
> >up close what Napster can do. His sons are addicted, he said.
> >
> >"They tell me, 'Dad, don't you put that company out of business,'" he
> >said
> >Monday. But he has a direct response for them. "If every artist knows
> >they'll sell one copy of their music" with copies then sent across the
> >Internet, he says he asks his sons in return, "how many artists are
> >going to
> >continue to release their music?"
> >
> >Tauzin believes Congress has an important role to play in sorting out
> >intellectual property and copyright law in a digital world. "Along with
> >online privacy and security," he said, the most critical technology
> >facing
> >legislators "is protecting creativity...The question is, how do we cut
> >that
> >fine line between fair use and protection?'"
> >
> >Newly elected Sen. George Allen of Virginia, who has assumed the
> >chairmanship of the Senate Republican High-Tech Task Force, said the
> >Napster
> >issue was a hot topic at last week's task force meeting. The consensus?
> >
> >"We need to make sure copyrights are protected," said Allen, adding that
> >the
> >issue goes beyond Napster to the larger issue of piracy domestically and
> >abroad.
> >
> >But Goodlatte said that before any action can take place, "we're going
> >to
> >want to see how this appellate decision actually works."
> >
> >"I think this decision will keep pressure on all of the parties to come
> >together to find a way to do business together," he said, not just in
> >music
> >but in numerous intellectual property industries.
> >
> >Mitch Glazier, chief lobbyist for the Recording Industry Association of
> >America, agreed.
> >
> >"Instead of the copyright holders dipping their big toes into the pool"
> >to
> >offer music online, he said, "they may jump in knowing they now have
> >copyright protection...I think you'll see the acceleration of content
> >being
> >released regardless of legislation."
> >
> >Still, politicians ultimately answer to citizens, and the court decision
> >Monday has left tens of millions of Napster members frustrated.
> >
> >"We'll be hearing from a huge number of Napster fans," Goodlatte
> >acknowledged. But he said what he took away from the court decision is
> >that
> >"copyrighted material is valuable."
> >------------------------------------------------------------------------
> >-----
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>
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