The Politics of Piracy

The media has proven it will go to any lengths to stem piracy and protect intellectual property, including becoming hackers themselves ! In a comical role-reversal with very serious overtones to individual privacy, the entertainment industry is lobbying Congress to consider a proposal that would authorize copyright holders to disable personal computers used for illegal file swapping. A draft bill sponsored by Representatives Howard Berman (CA) and Howard Coble (R-NC) marks the boldest political effort yet by the record labels and movie studios to disrupt peer-to-peer networks. This outrageous measure would permit copyright holders to perform nearly unchecked electronic hacking if they have a reasonable basis to believe that piracy is taking place. Berman and Coble introduced their Orwellian ten-page bill in 2002. Fortunately, it was voted down ” unfortunately , nothing can prevent its reintroduction.

At the opposite end of the spectrum, Senator Sam Brownback (R-KS) drafted a bill in 2003 that would scale back the ability of record labels, movie studios, and software companies to use anticopying technology. His bill would regulate DRM ( Digital Rights Management ) systems, grant consumers the right to resell copy-protected products, and require digital media manufacturers to prominently disclose to consumers the presence of anticopying technology in their products. The Brownback bill would require a copyright holder to obtain a judge's approval before receiving the name of an alleged peer-to-peer pirate. That would amend the 1998 Digital Millennium Copyright Act, which enables a copyright holder to force the disclosure of a suspected pirate's identity without a judge's review. The main thrust of Brownback's bill is to slap regulations on digital rights management technology! Brownback said, "My legislation gives the content industry a free hand to create new DRM-enabled business models, but ensures that their success or failure rests in the marketplace , where it belongs ”not in Congress!"