[IP] Re: Bush administration proposal would criminalize 'attempted' copyright infringement

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Charles Arthur <charles.arthur@gmail.com>
Date: May 16, 2007 6:14:44 AM EDT
To: dave@farber.net
Cc: bob.hinden@nokia.com
Subject: Re: [IP] Re: Bush administration proposal would criminalize  
'attempted' copyright infringement

Hi..
On 16 May 2007, at 02:14, David Farber wrote:


> Reply-To: bob.hinden@nokia.com
>
> Is it April 1 again?  Is this for real?  I have semi-joked a few  
> times that the way we are going that it was only a matter of time  
> before copyright infringement becomes a capital crime.  Now I see:
>
> > * Create a new crime of life imprisonment for using pirated software.
> > Anyone using counterfeit products who "recklessly causes or attempts
> > to cause death" can be imprisoned for life. During a conference call,
> > Justice Department officials gave the example of a hospital using
> > pirated software instead of paying for it.
>
> 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.

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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