Technology Defeats The Law On

Technology Defeats The Law On The Net: Congress is not going to defeat peer to peer file swapping (Mp3s, files, and movies) by coming up with new laws. The net is too big, too international, and full of too many people who hate having any sort of authority imposed on them for it to ever work. You’d literally have to destroy the way the net works to come up with a legal solution to file swapping.

Trying to put people who swap files in jail is not going to be practical. There are tens of millions of them in the US alone. Tracking them down, separating the US nationals from the foreigners, figuring out who’s a kid and who’s an adult, and then fighting court battles with even 1% of them would take more revenue than the entire record industry made last year so it wouldn’t be feasible.

Worse yet, there are approaches being considered that are unethical, immoral, and still won’t get the job done…

“The bill, sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C., would immunize groups such as the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) from all state and federal laws if they disable, block or otherwise impair a “publicly accessible peer-to-peer file-trading network.”

“The bill my colleagues and I introduce today will free the marketplace to develop technologies that thwart P2P piracy without impairing P2P networks themselves,” Berman said in a statement Thursday. “It will do so by allowing copyright owners, in certain limited circumstances, to use technological tools to thwart P2P piracy without fear of liability.”

I’d argue that this sort of approach violates the 14th Amendment to the Constitution (Equal Protection) which states in part…

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”

Take it from someone who works for an ISP wholesaler, peer 2 peer technology can’t be stopped by writing new laws, it can only be contained for a short period of time while people learn to get around whatever legal restrictions have been put on them.

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