Senate passes anti-piracy bill

[anubis13]

Measure would send people who secretly videotape movies in theaters to prison for three years.
February 3, 2005: 11:04 AM EST

WASHINGTON (Reuters) - People who secretly videotape movies when they are shown in theaters could go to prison for up to three years under a bill approved unanimously by the U.S. Senate.

The Senate also voted late Tuesday to stiffen penalties for hackers and industry insiders who distribute music, movies or other copyrighted works before their official release date.

The bill also shields "family friendly" services like ClearPlay that strip violent or sexually explicit scenes from movies.

That provision is less likely to please Hollywood groups, which say such services violate their copyrighted works by altering them without permission.

Whole story here http://money.cnn.com/2005/02/03/technology/piracy.reut/index.htm

[BJ_M]

remember kids , if you are going to do crime - rob a gas station , cus your lucky if you only get 3 -6 months if caught ...

[AlecWest]

remember kids , if you are going to do crime - rob a gas station , cus your lucky if you only get 3 -6 months if caught ...

Or (snicker), if someone approaches you while you're filming, flash a fake badge ... telling them you're a police officer trying to flush out pirates as part of a sting operation. If you're convincing, they just might believe you. And even if they don't, impersonating a police officer is only a misdemeanor in most states (eg., Illinois) ... kinda like it is in certain Canadian provinces:

http://www.canoe.ca/CNEWSWeirdNews0108/10_cops-sun.html 8)

[vitualis]

The Senate also voted late Tuesday to stiffen penalties for hackers and industry insiders who distribute music, movies or other copyrighted works before their official release date.

The bill also shields "family friendly" services like ClearPlay that strip violent or sexually explicit scenes from movies.

How do you Americans tolerate this hypocrasy

Regards,

[bazooka]

How do you Americans tolerate this hypocrasy

It is not easy.

[themichael]

Apathy.

[bazooka]

The industry does whatever it wants. It lies and buys laws.

[leebo]

Thats it. No more filming movie screens over the tops of peoples heads for me.

From now on I'll stick to selling drugs to kids and robbing banks!

[Darth Paris]

How do you Americans tolerate this hypocrasy

Regards,

How is this hypocrasy?

[bazooka]

How do you Americans tolerate this hypocrasy

Regards,

How is this hypocrasy?

The fact that you have to ask tells people that you have not been keeping up with the news. :P

[canadateck]

remember kids , if you are going to do crime - rob a gas station , cus your lucky if you only get 3 -6 months if caught ...

The sad thing is, You ARE right!! But instead of a Gas station make it a Brinks truck, more Money , But Same time in jail or LESS...

[EvilWizardGlick]

remember kids , if you are going to do crime - rob a gas station , cus your lucky if you only get 3 -6 months if caught ...

The sad thing is, You ARE right!! But instead of a Gas station make it a Brinks truck, more Money , But Same time in jail or LESS...

Brinks hell, ENRON!
Corporate criminals go to snazzy little golf prisons, while people like Tommy Chong get federal prison time for selling bongs over the internet.
The more money you steal, the better you are treated.

[ybeard]

Let's see, you can get up to three years if you secretly tape a movie in a theatre... What if you have big brass ones and openly carry in a camcorder and don't make any attempt to hide the fact that you're taping it? <huge sarcastic comment>

[Noahtuck]

How do you Americans tolerate this hypocrasy

It is not easy.

Brinks hell, ENRON!
Corporate criminals go to snazzy little golf prisons, while people like Tommy Chong get federal prison time for selling bongs over the internet.
The more money you steal, the better you are treated.

Amen to that!!!!!!!!!!!

[adam]

The Senate also voted late Tuesday to stiffen penalties for hackers and industry insiders who distribute music, movies or other copyrighted works before their official release date.

The bill also shields "family friendly" services like ClearPlay that strip violent or sexually explicit scenes from movies.

How do you Americans tolerate this hypocrasy

Regards,

Actually, it might not be that hypocritical. The article only lists ClearPlay, which makes that player that allows you to essentially preprogram it to fast forward through objectionable scenes. Personally, I don't see these as violating copyrights. I don' think its talking about the services that physically edit the material and then resell it. If it is, well yes that is a bit silly, but with controversial bills there is often give and take necessary to get enough representatives on board, even if the different provisions are somewhat contradictory.

[leebo]

How do you Americans tolerate this hypocrasy

It isn't easy. I just find solice in knowing that our "elected" officials are looking out for the best interests of the people, and not just the rich. It would crush me to think our "public servants" are benefiting from serving big business. That would just be wrong.

Anyway, movie piracy is I think the number three reason we're in Iraq.

[MOVIEGEEK]

Give me a break!
Just another unenforcable law,as if the FBI doesn't have anything better to do.Anybody downloading one of these crappy camcorder movies should be put in prison for 3 years for having bad taste.

[CaptainVideo]

The bill also shields "family friendly" services like ClearPlay that strip violent or sexually explicit scenes from movies.

This sounds like a potential boon to consumers. This is basically saying it's legal to "edit" content. If it doesn't say specifically ClearPlay devices, then I'm going to assume that I can edit the content of my legally purchased DVD by bypassing the copy protection controls (because how can I edit what I can't copy) to rip it onto my computer for editing.

The rest of the law is just silly. There was enough protection against people videotaping movies in theaters. The problem is enforcement. How many news articles have you read about police busting people filming movies in theaters? None. So I don't see how this bill will stop it if there is no enforcement of existing laws.

[anubis13]

The rest of the law is just silly. There was enough protection against people videotaping movies in theaters. The problem is enforcement. How many news articles have you read about police busting people filming movies in theaters? None. So I don't see how this bill will stop it if there is no enforcement of existing laws.

I completely Agree with that. Cops Aren't going to police every theater and drive-in.

As far as ClearPlay, There are Discs that allow you to chose between Special edition and Theatrical release. I can imagine a menu option that lets you pick your desired rating
level and the ClearPlay people would pick what scenes get left out for what rating level.
The original movie would still be intact and available for normal viewing, thus not violating the copyrights.

[beric3236]

I work in retailing (a service station) and you see out here, our Keystone Cops here, wont help us with the gas drive offs or the beer runs (usually 18pks and 24pks), but will help to convict you if you are selling a six pack to a minor. I doubt if they will respond to our theaters to pick some one up for taping a movie, unless of course, they can make some money out of it.

[JohnnyCNote]

My first day in the yard, I was terrified as I walked among the other convicts, all sizing me up and down like wolves eyeing a tasty meal.

"So, what are you in for, new meat?" asked a particularly scary guy with swastika tattoos all over his arms and a spider web on each elbow.

"Uh, I kinda got popped with a camcorder in a movie theatre. I was gonna get a copy of Sponge Bob Square Pants," I answered, trying not to let my voice tremble.

"Gee, dude, that's too heavy for me! I just shot a clerk in the head when I stuck up a liquor store," he said, looking very nervous. "I'm sorry to have bothered you, sir," he added as he slinked away.

From that day onward, no one laid a finger on me, and I was treated as if I owned the joint. Even the bulls gave me a wide berth.....

[BJ_M]

Give me a break!
Just another unenforcable law,as if the FBI doesn't have anything better to do.Anybody downloading one of these crappy camcorder movies should be put in prison for 3 years for having bad taste.

in the last 12 months in the usa alone - about 350 people have been caught taping .. at all the festivals and in some theaters they use night vision goggles - which are supplied free of charge to the certain theater chains ..

[ViRaL1]

I guess we better start freeing up space in the prisons. I'm sure all the hardcore criminals have already learned their lesson by now.

[Laddydaddy]

BJ_M wrote;

in some theaters they use night vision googles

.

Oh no, now even Google is getting into the act. Who's next, Yahoo?

Anyway, I think JohnnyCNote has it right. At least when you go to prison for taping in the cinema, the other prisoners will know you're not a punk.

[adam]

Cops Aren't going to police every theater and drive-in.

They don't have to. Federal laws like this always grant the right to make citizen arrests. This means that the ushers or the theatre's own security can detain the person until police arrive.

[ViRaL1]

Not to threadjack (my new gave phrase ) but what are the limits on citizens arrest / detention? If I get up and say I'm leaving and an usher grabs me, is there really anything to stop me from breaking his hand if he won't let go?

[canadateck]

I dont know how that would work but if they know you did somthing wrong I think they can hold you.

A friend of mine about 15 years ago stole Batterys from Radio Shack and when the salesman went to grap him he pushed him onto the floor,because of this they charged him with Armed robbery instead of just shop lifting.

[ViRaL1]

Armed with what?

I don't see any need to attack anyone, but I'll be damned if anyone's gonna hold me agains my will, right OR wrong.

(I don't have any outstanding warrants btw):P

[canadateck]

Just the act of violence , does not need to be a weapon. When there is violence in a crime the whole thing changes.

But then again I dont think anything really bad happend to him.

[BJ_M]

Not to threadjack (my new gave phrase ) but what are the limits on citizens arrest / detention? If I get up and say I'm leaving and an usher grabs me, is there really anything to stop me from breaking his hand if he won't let go?

When you sign or make a complaint against someone for an infraction of the law, you are in affect "arresting" them...
IF you try and "arrest" someone by restraining them physically, you may be subject to liability. Work within the system by filing your charge with a police department or States Attorney with jurisdiction.

Attempting to manhandle someone renders you vulnerable to all kinds of nasty lawsuits, in addition to physical harm. The police department in Arroye Grande, California, offers this helpful four-step guide to Making a Citizen's Arrest:

1. Notify police upon observing a crime.

2. Provide police with information to assist in identifying the violator.

3. Sign the complaint form. (After this, most cases are concluded without your further involvement.)

4. Appear in court when requested by the District Attorney's Office.


The legislation that defines a citizen's powers of arrest

The legislation that allows you, in appropriate circumstances, to make a citizen's arrest, states:

* A person who is NOT a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence.
* A person who arrests another person shall, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a Police Officer.

You are legally required to inform the person why you have detained them, unless the suspect's actions make it impractical to inform them.
General guidelines about powers of arrest

* You may place a customer under citizen's arrest if you believe on reasonable grounds they have committed an offence punishable by imprisonment or are in the course of committing such an offence.
* Reasonable grounds means that you have direct evidence that 'constitutes belief' that the customer has committed an offence. An obvious example of 'reasonable grounds' would be if you were to actually see a customer take an item from a store shelf, put it into their pocket and then walk out of the store with that item, thus indicating a clear intention to not pay for it, and therefore steal it.
* Suspicion means that you have indirect evidence that the customer has committed an offence. Examples of suspicion include: The theft protection buzzer sounds as someone exits the store; a person has spent an inordinate amount of time browsing and is consciously avoiding assistance.
* To affect a citizen's arrest you must use clear words and state the reason for your action. Note: To say "I am detaining you" is preferred to "I am arresting you." This is not a legislative requirement, simply a more accepted term, especially if the matter is later considered in the courts.
* You do not have to wait until the customer has left the business premises before arresting them. However, in the case of theft, it will be easier to prove that their intention was to commit an offence if you wait until they leave the premises.
* Once you have arrested the person, you must as soon as practicable arrange for the arrested person and any property found on that person, to be delivered into the custody of a police officer. For businesses this would mean immediately contacting police.
* You may only use reasonable force to detain the suspect. If more force is used than is considered reasonably necessary, then you may be charged with assault.
* The customer is under no obligation to answer any questions you may ask, but any questions they do answer should be taken down in writing and may be used in court.
* The customer is under no obligation to give their name and address to you.

Using force when detaining someone

The legislation states, in connection with the use of force in making an arrest, that:

A person shall not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the other person after the arrest.

As a general rule, any force used must be reasonable and proportionate. The circumstances when some level of force may be justified include:

* in self-defence
* to prevent the escape of the offender.

The best approach to detaining a suspect is to use subtle methods of restraint such as standing around in numbers. Be very careful if you have requested a suspect to remain (of their own free will) on the premises. Indicating to a suspect that they would not be allowed to leave even if they wanted to, technically means that you have affected an arrest.
Tips to improve your personal safety when detaining a person

Some simple procedures to increase your personal safety, should you need to detain someone:

* citizen's arrests should always be made by a nominated senior member of the staff in the presence of a witness
* be sure of what has been stolen
* be sure that the suspect has no intention of paying for the item/s
* be sure the suspect possesses the item/s that have not been paid for and know where the item/s are concealed
* be sure the suspect has not replaced or disposed of the item/s
* if you are male, do not remain alone in any secluded area or office with a female suspect and visa versa
* do not search any suspect
* do not solicit information from any witnesses about the offence
* in a clear-cut case of shopstealing, you must prosecute the suspect
* never accuse a suspect directly or indirectly of shopstealing. (Say, for example, "I am detaining you to discuss items I believe belong to the business.)
* the suspect must have been under constant observation
* contact Police immediately.

Points to remember

* if in doubt, do nothing
* it is you and your staff who can play a very effective roll in 'in-store' security
* prepare house policies and manuals
* train your staff
* invest in some deterring security systems
* constantly remain calm and alert.