September 28, 2005 12:27 PM PDT

Congress to legislate file swapping?

WASHINGTON--A California senator has suggested that because file-sharing networks continue to house illegal files, they should be shut down.

Intellectual property protection "can't function in a country where the high-tech services become such that you can't protect copyright," Sen. Dianne Feinstein, a California Democrat, said Wednesday at a U.S. Senate Judiciary Committee hearing. The session centered on the landmark Supreme Court decision on MGM v. Grokster, which ruled that file-sharing services can be liable for their users' infringing behavior.

Pointing to what she called a "rise in peer to peers" since the Grokster decision, Feinstein said current law is not effective enough to deter illegal file swapping and the government must enact stronger enforcement measures. "If we don't stop it," she said, "it's going to destroy these intellectual property industries."

It remained unclear what remedies the senator would seek, though she said she didn't think any lawmakers supported an approach that would involve "going out and arresting high schoolers" who subvert copyright rules. Even so, her statements marked somewhat of a departure: When the Grokster decision initially came out, members of Congress said they were inclined to take a hands-off, wait-and-see approach.

Committee chair Arlen Specter, a Pennsylvania Republican, indicated that Congress was better suited than the courts to address the matter. But at the close of the hearing, he announced, "At least in the short term, I think we'll carry out the wishes of those who want us to do nothing."

That, indeed, was the sentiment senators generally heard from members of a panel representing the peer-to-peer, recording industry, consumer electronics and legal realms--echoing statements similar entities made at an earlier Senate hearing.

But Mary Beth Peters, registrar for the U.S. Copyright Office, said Congress needs to take immediate action on reforming what she deemed an "antiquated" section of copyright law that provides an "inefficient process to license musical works."

The law's "one at a time" approach for licensing individual musical works creates a tremendous roadblock for legitimate online services looking to add large amounts of media to their catalogs, she said. She--and later, Recording Industry Association of American President Cary Sherman--said a "blanket" licensing approach may be an option.

Lawmakers and panelists alike also indicated interest in promoting one-stop, third-party copyright registries--such as Snocap, created by Napster founder Shawn Fanning--that would amass terms of distribution from copyright holders and make them available to interested online retailers. Such a process is designed to save retailers time by erasing their need to broker large numbers of individual deals.

See more CNET content tagged:
Grokster Ltd., senator, file-swapping, P2P, file-sharing

Add a Comment (Log in or register) 44 comments (Showing first 20 comments)
First
by Fray9 September 28, 2005 12:43 PM PDT
When a technology threatens your exploitation of artists, first try to buy a bill that makes file swapping software illegal, then when that doesnt work, try to buy a court ruling that makes it illegal, now that that hasnt worked, we're back to trying to buy a change in the law again.

Isnt there more important things our elected representatives should be doing than catering to a bloated outdated media industry?
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First
by Fray9 September 28, 2005 12:43 PM PDT
When a technology threatens your exploitation of artists, first try to buy a bill that makes file swapping software illegal, then when that doesnt work, try to buy a court ruling that makes it illegal, now that that hasnt worked, we're back to trying to buy a change in the law again.

Isnt there more important things our elected representatives should be doing than catering to a bloated outdated media industry?
Reply to this comment View reply
RIAA and MPAA payoff money at work!
by bobby_brady September 28, 2005 12:51 PM PDT
This is what we call the RIAA and MPAA "dollar presents" to our "elected officials".
Reply to this comment
RIAA and MPAA payoff money at work!
by bobby_brady September 28, 2005 12:51 PM PDT
This is what we call the RIAA and MPAA "dollar presents" to our "elected officials".
Reply to this comment
Who's next?
by September 28, 2005 12:57 PM PDT
"which ruled that file-sharing services can be liable for their users'
infringing behavior."

OK. Given that logic. It will now finally be possible to persecute gun
makers wherein their sold guns kill people.
Reply to this comment View all 3 replies
Who's next?
by September 28, 2005 12:57 PM PDT
"which ruled that file-sharing services can be liable for their users'
infringing behavior."

OK. Given that logic. It will now finally be possible to persecute gun
makers wherein their sold guns kill people.
Reply to this comment View all 3 replies
The solution is simple
by hadaso September 28, 2005 2:41 PM PDT
The solution is simple: the law should be changed so that those who have financial interest in their copyrighted works must announce it. Then it would be sensible to require those who provide means to transfer information to limit the transfer of those particular works. That's the way it worked hundreds of years ago when copyright was created to protect a cartel of printers.

But if what congress wants (or some of its members want) is to disallow the transfer of anything unless specifically licensed, or to collect a tax on the transfer of all works and give the money to just a few information merchants, then perhaps it should go to China to learn how to control the internet.
Reply to this comment View reply
The solution is simple
by hadaso September 28, 2005 2:41 PM PDT
The solution is simple: the law should be changed so that those who have financial interest in their copyrighted works must announce it. Then it would be sensible to require those who provide means to transfer information to limit the transfer of those particular works. That's the way it worked hundreds of years ago when copyright was created to protect a cartel of printers.

But if what congress wants (or some of its members want) is to disallow the transfer of anything unless specifically licensed, or to collect a tax on the transfer of all works and give the money to just a few information merchants, then perhaps it should go to China to learn how to control the internet.
Reply to this comment View reply
Just try Prude Feinsten
by Darryl Snortberry September 28, 2005 4:30 PM PDT
Any time I may (keyword: may) feel any guilt filesharing a press statement from the RIAA or comments from politicians owned by corporate america gives me drive and motivation to keep going. Keep up the good work Feinstein. And tell your fellow senators with their selective consciences to keep up the good work also. They also give me motivation. I wonder why I have to pay taxes. The government represents business more than it represents my interests.
Reply to this comment
Just try Prude Feinsten
by Darryl Snortberry September 28, 2005 4:30 PM PDT
Any time I may (keyword: may) feel any guilt filesharing a press statement from the RIAA or comments from politicians owned by corporate america gives me drive and motivation to keep going. Keep up the good work Feinstein. And tell your fellow senators with their selective consciences to keep up the good work also. They also give me motivation. I wonder why I have to pay taxes. The government represents business more than it represents my interests.
Reply to this comment
Creating more criminals
by m.meister September 28, 2005 8:34 PM PDT
Yes, thank you Senators for caving to an industry that has been
found guilty of payola schemes, price fixing and not paying
royalties due to the authors the claim to represent.

Instead, we'll just make it illegal -- throw more people in jail. It's
worked so well for the drug problem.

"What are you in for?"
"I traded a song on the internet."

This only goes to prove how corrupted our Senators are. They've
extended copyrights to outrageous terms for these greedy
people. Enough is enough!
Reply to this comment
Creating more criminals
by m.meister September 28, 2005 8:34 PM PDT
Yes, thank you Senators for caving to an industry that has been
found guilty of payola schemes, price fixing and not paying
royalties due to the authors the claim to represent.

Instead, we'll just make it illegal -- throw more people in jail. It's
worked so well for the drug problem.

"What are you in for?"
"I traded a song on the internet."

This only goes to prove how corrupted our Senators are. They've
extended copyrights to outrageous terms for these greedy
people. Enough is enough!
Reply to this comment
Close High Schools!!! Evil breeding grounds.
by seance September 28, 2005 10:00 PM PDT
It has now become necessary that The United States close all of its high schools immediately. These gathering points are major centers for illegal drug trade, music swapping, and the free exchange of Ideas. Therefore, we must not allow this medium to continue its operation unchecked.

High schools are a central location for the acquisition of numerous types of contraband and ideas. They may serve a purpose, but they provide a means for criminals, and those who act against their spirirt, to do evil, so we MUST shut them down, just like bittorrent and the P2P networks that provide valuable services but can be abused by individual criminals who choose to abuse them!

Nevermind the current lack of quality material provided by mainstream media services, and the unrealistic standard set by pre-2000 CD sales, the RIAA is looking out for YOU! The MPAA wants YOU to be happy!!! Buy more of the CRAP they sell and you'll love your life!
Reply to this comment
Close High Schools!!! Evil breeding grounds.
by seance September 28, 2005 10:00 PM PDT
It has now become necessary that The United States close all of its high schools immediately. These gathering points are major centers for illegal drug trade, music swapping, and the free exchange of Ideas. Therefore, we must not allow this medium to continue its operation unchecked.

High schools are a central location for the acquisition of numerous types of contraband and ideas. They may serve a purpose, but they provide a means for criminals, and those who act against their spirirt, to do evil, so we MUST shut them down, just like bittorrent and the P2P networks that provide valuable services but can be abused by individual criminals who choose to abuse them!

Nevermind the current lack of quality material provided by mainstream media services, and the unrealistic standard set by pre-2000 CD sales, the RIAA is looking out for YOU! The MPAA wants YOU to be happy!!! Buy more of the CRAP they sell and you'll love your life!
Reply to this comment
If You're Going To Talk Abou Protecting IP
by markdoiron September 29, 2005 4:13 AM PDT
if anyone is going to talk about protecting ip, how about also talking about protecting fair use? unfortunately, drm is an excuse to enshrine into law, software and hardware the ability to restrict fair use.

so, go ahead and talk about protecting the interests of copyright holders. but also talk about the interests of the consumers. that's directed at everyone, but especially the riaa, mpaa and our congress.

mark d.
Reply to this comment
If You're Going To Talk Abou Protecting IP
by markdoiron September 29, 2005 4:13 AM PDT
if anyone is going to talk about protecting ip, how about also talking about protecting fair use? unfortunately, drm is an excuse to enshrine into law, software and hardware the ability to restrict fair use.

so, go ahead and talk about protecting the interests of copyright holders. but also talk about the interests of the consumers. that's directed at everyone, but especially the riaa, mpaa and our congress.

mark d.
Reply to this comment
Washington's Convenience of Opinion
by Sewer Kraut September 29, 2005 8:05 AM PDT
Wait, a second.

I thought Hollywood was the equivalent of the anti-Christ to the Republicans? Doesn't Hollywood embody and promote all of the vile liberal ideals and values that are so reviled and despised by the right?

And now the Republican controlled congress is looking into creating legislation that would perpetuate the very economic model that allows Hollywood to produce the filth that they so object to?

When you're up for re-election and you need those red state votes, rail against the Hollywood hydra. When it comes time to step up to protect big business and campaign donations, switch sides.

Duplicity at it's finest.
Reply to this comment
Washington's Convenience of Opinion
by Sewer Kraut September 29, 2005 8:05 AM PDT
Wait, a second.

I thought Hollywood was the equivalent of the anti-Christ to the Republicans? Doesn't Hollywood embody and promote all of the vile liberal ideals and values that are so reviled and despised by the right?

And now the Republican controlled congress is looking into creating legislation that would perpetuate the very economic model that allows Hollywood to produce the filth that they so object to?

When you're up for re-election and you need those red state votes, rail against the Hollywood hydra. When it comes time to step up to protect big business and campaign donations, switch sides.

Duplicity at it's finest.
Reply to this comment
Songwriters need protection!
by September 29, 2005 11:02 AM PDT
Songwriters need REAL protection from illegal file sharing... the Grokster case was a good first step, but further steps are needed to insure that American music is not destroyed by a pack of theives...

All of you people who are posting these attacks on the record labels need to understand that somebody HAS to make money on the music or you will NOT get anymore PROFESSIONAL music at all... soon all that will be left is the crap that you hear on MP3.com...
which is free already and you DON'T want it...
You keep stealing the good stuff... the PROFESSIONAL music. If you want to continue having that music, you need to pay for it.

THOU SHALT NOT STEAL... there's a very simple law... try to follow it for a change.
Reply to this comment View all 2 replies
Songwriters need protection!
by September 29, 2005 11:02 AM PDT
Songwriters need REAL protection from illegal file sharing... the Grokster case was a good first step, but further steps are needed to insure that American music is not destroyed by a pack of theives...

All of you people who are posting these attacks on the record labels need to understand that somebody HAS to make money on the music or you will NOT get anymore PROFESSIONAL music at all... soon all that will be left is the crap that you hear on MP3.com...
which is free already and you DON'T want it...
You keep stealing the good stuff... the PROFESSIONAL music. If you want to continue having that music, you need to pay for it.

THOU SHALT NOT STEAL... there's a very simple law... try to follow it for a change.
Reply to this comment View all 2 replies
 See all 44 Comments >>
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