Re: Bush administration proposal would criminalize 'attempted' copyright infringement

[David Farber <dave () farber net>]

Begin forwarded message:

From: Bob Hinden <bob.hinden () nokia com>
Date: May 16, 2007 2:04:48 PM EDT
To: Charles Arthur <charles.arthur () gmail com>
Cc: David Farber <dave () farber net>, Bob Hinden <bob.hinden () nokia com>
Subject: Re: [IP] Re: Bush administration proposal would criminalize  
'attempted' copyright infringement
Reply-To: bob.hinden () nokia com

Charles,

> > Life imprisonment is only one step away.  So a hospital employee  
> > who uses pirated software (assuming this means that the DRM was  
> > subverted) will be punished in the same way that murders are  
> > punished.
>
> No, that's wrong. You're missing out the key step of "reckless",  
> which implies knowing that the product is bad but using it anyway.

Fair enough.  But doesn't this imply that just the fact of using  
"pirated" software is reckless in itself?  Why does this need to be  
called out in an copyright infringement bill?  Using pirated software  
by itself is not necessarily reckless and there are many other  
actions that are also reckless that I don't think to each have a  
specific rule created.

Aren't other forms of reckless behavior that might cause death not  
punishable with life in prison?  For example, a med tech where I live  
decided to reuse needles when taking blood.  Her behavior may have  
caused some deaths and/or illnesses.  She was convicted and served a  
few years in prison.  Why is copyright infringement punishable with  
life imprisonment, but other forms of reckless behavior are not?

Bob


> If you attempt to cause death with something, that's prima facie  
> attempted murder. So - you want to kill patient A, who's on  
> radiotherapy for cancer (say). The proper software won't let you  
> give a lethal dose; you bring in your own version, or hack the  
> proper version around (making it counterfeit, for legal purposes)  
> so it can deliver a lethal dose. = "attempts to cause death with  
> counterfeit products".
>
> Conversely: you want to save the patient but your hospital doesn't  
> have the dosimetry software. You install some radiation dosimetry  
> software that you got from your cousin's uncle's brother's friend  
> at the yard sale in the hope that it'll work, and the patient dies.  
> That's reckless cause.
>
> People hear "pirated software" and think Windows, but you're  
> forgetting that software does a whole lot more in medicine these  
> days. Read comp.risks if you've forgotten.
>
> IANAL, but sometimes I can think a bit like one.
>
>     best
>     Charles
>
> --
>
>         my blog: http://www.charlesarthur.com/blog/



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