Thursday, October 16, 2008

A good point

My good friend Geoff made a great point. Let me set the scene.

Today Bush signed the PRO-IP Act into law. You can look it up. And in case you were wondering, IP is short for intellectual property (anything from works of art to the design of computer chips or the formula for boner drugs). Suffice it to say the bill gives sweeping additional powers to U.S. IP holders, provides disproportionate punishments for IP infringement (even unintentional), creates a tax-payer funded "piracy czar" that will 'implement strategic plans to reduce IP infringement' (whatever that means), and allows IP holders to continue decimating consumers by bypassing rights of resell, 'leasing' software or music even though you bought the medium, preventing you from making backups of purchased products, and continuing to use shotgun lawsuits and non-disclosure agreements as enforcement mechanisms.

I quite disparagingly mentioned that Bush signed this act into law and Geoff rightly smacked my face and pointed out that it takes two to tango. Congress passed the legislation in the first place (unanimously in the Senate I might add), so they are equally to blame. So I will amend my statement and say that it was Bush AND all the fools in the House and Senate that have once again busted the balls of consumers everywhere.

Folks, Congress is not, nor should it be, a rubber stamp for the wishes of the executive. And the executive should never be a rubber stamp for Congress. If one of them won't stand up to bad legislation or ideas, the other should. If they don't, then both branches have failed the public. Here we see an EPIC FAIL. But here they are, for the last 8 years, loving cupping each others balls and just passing bill after bill that does this kind of stuff. Need I remind anyone of the Patriot Act or No Child Left Behind? Obviously, these were not consumer oriented, but one legalized privacy invasion, domestic spying, and suspension of habeas corpus while the other punished struggling schools and students by taking away their funding. Bush has, to the best of my knowledge and research abilities, only vetoed TWO bills (only one spending bill) in his years in office. Congress has tabled lots of little stuff, but has continuously passed legislation deemed important by Bush (except his Swiss cheese energy bill, which they rightly smacked down hard and publicly). So here we have a big circle-jerk of people that are supposed to be checking and balancing each other. Now, because they like the stroking better than fighting the deep pockets and election-oiling money of the IP lobby, it's up to the over-burdened courts to be the last line of defense. This is a TWO BRANCH EPIC FAIL.

For the record, I'm all for IP protection, but within reason. No one should have 99 year monopolies on things like business organization ideas or video game joysticks (both of which exist, by the way). The IP lobby has successfully given themselves vast monopoly powers in a country that pretends to abhor the principle of monopoly. IP has become a way to stifle competition and bar entrance to lucrative markets. People that develop IP (including artists, software engineers, hardware designers, etc) should be and, I think, are justified in making a profit on their inventions and ideas. But creating a situation in which the consumers of those creations are punished for selling used items, are required to buy all new media every time a new technology wanders into the world, and are subject to monopoly prices because of IP laws is inexcusable. We should make all the little Congressmen and Congresswomen go back to the table and demand legislation that 1) protects the rights of consumers to reasonably use and protect their purchases (with backups and resell rights as a minimum), 2) makes the IP industry fund its own police work and policies (just like independent, non-corporate IP holders are forced to), and 3) creates a consistent system of copyright and patents for IP that gives reasonable time to people to make use and profit from their IP before that knowledge becomes public and available for others to use (rather than offering lifetime monopolies). The consumers got jacked, the IP lobby got a major windfall, and two of three branches of government set consumer rights back almost 50 years (back to the day of "copiers should be illegal because no one will buy books if they can copy them).

Congress and Bushy should stop wearing their ass as a hat.

3 comments:

Anonymous said...

Part of being President in today's world. If a bill or a budget works and is good, he is just signing up to what 'Congress' (i.e. include the Senate) approved. If it is a major screw-up, it's all his fault.

Used to be, having having at least one of the congress, senate, or presidency controlled by a different political party prevented/limited the damage the federal government could do. Not so much anymore.

Sometimes I think ALL poitics suck.

The Ambassador said...

I do believe that more of the burden falls on the President in these recent cases because it was his office that pushed these to get through. While the bill, like the Patriot Act, was originated/pressed from the Executive Branch, the Congress has more fault since they became the rubber stamp. To me, being the rubber stamp for the other branch is worse than bringing the idea in the first place. What really gets me upset at Congress is when the opposing party controls BOTH houses and yet they still vote for something that they bitch about before, during, and after. If you really don't like it, then why the hell did you vote for it? It is late/early so I will step off my deformed and poor excuse for a soap box. (I really want to get one, by the way. I think that would be awesome).

Anonymous said...

As an aside, why is it the U.S. government has CZARs, and why are they a good thing? Don't they bring to mind an extremely oppressive form of government?