Odd that the article doesn't mention parties at all, although perhaps this was in an attempt to avoid accusations of partisanship that might ensue from stating facts.
Anyway, a quick look at https://www.congress.gov/bill/119th-congress/house-bill/6028... indicates that all 4 sponsors of the bill are Republicans. The Actions tab seems to indicated that the bill got only 12 minutes of debate before being passed,; I hope this is an artifact of how the page is updated rather than the actual time spent on considering it.
I don't really understand the hypothetical problems here. "The copyright office head would be a presidential appointee, which could make the copyright office more political". I mean, I guess? Are people worried they're going to start selectively enforcing copyright law? But they don't enforce copyright law right now...
Are you kidding? If there’s something in there they don’t like I don’t put it past this administration to break it internally and then make a case for shutting it down. This whole thing sounds very similar to the postal service situation…
> Are you kidding? If there’s something in there they don’t like I don’t put it past this administration to break it internally and then make a case for shutting it down.
Might be a win? The copyright system is one of the major suspects for why US industry ended up crippled and replaced by Asian labour refusing to respect US IP laws to their significant advantage. To say nothing of the corrosive influence on culture of locking down music and stories. The biggest IP success in the last 50 years seems to have been Open Source because they built a framework inside the copyright system to achieve the opposite outcome and build a thriving industry despite the lawyers trying to encourage them in alternative directions.
The people defending the copyright system should have to keep making their case until they come up with something persuasive for how they're helping.
Tongue in cheek, but the copyright system should only last for 12 years, with one straightforward renewal, without specific reauthorization. Just like copyright in works, in my opinion
Not necessarily. In the US traditionally the House Reps are referred to as congressmen (unlike the rest of the world) and the Senate, senators. So sometimes Congress is shorthand for the House. Though I agree it shouldn’t be.
This is false. Traditionally, when only one chamber of Congress passes a bill, headlines explicitly state which chamber. "The House passed a bill that..." or "The Senate passes a bill that..."
The OP is correct that Congress implies both chambers. Yes, "Congressman" or "Congresswoman" refers to House members. But the headline says "Congress".
The author of the article is not a lawyer and it shows. The article doesn’t address the key point, which is that the Copyright Office currently acts like an executive branch agency while being within the legislative branch. In particular, it engages in rulemaking, which is a function of executive branch agencies, not employees of Congress.
The author also makes nonsensical statements like this: “This bill, like the older one, weakens the few public-interest checks and balances that do exist.”
“Checks and balances” has a specific definition in this context. The term refers to the express allocation of powers between the president, Congress, and federal courts. Such as the requirement that judges must be appointed by the president and confirmed by the senate. It doesn’t make any sense to talk about “checks and balances” in the context of employees of one branch having authority over employees in a different branch.
No surprise that you'd show up to shill for it.Your argument boils down to 'if it looks like an executive branch agency, then the Executive branch should have control over it' rather than accepting that Congress is free to set things up as it sees fit within the Constitutional constraints.
It suppose I can see "executive power should be part of the executive branch" as a facile argument because it does seem basic and a bit tautological, but it is still quite a strong point. It needs to be addressed rather than just identified and dismissed.
That is a rather narrow definition of checks and balances. The term can be applied to any group of organizations where each organization has power and interest to limit the power of the others.
The article is talking about a bill that restructures a body in the U.S. federal government. In that context, “checks and balances” has a specific, well-known meaning. It’s like writing an article about Fedora 42 and using the term “kernel.” In that context, readers expect the term to be used in a specific way.
I don't think you've at all addressed why moving anything there towards the executive is desirable, especially given the capriciousness of the current executive.
FYI: though EFF articles have individual named authors, they go through an extensive collective editing process. Every post will have had at least one domain-specific lawyer reviewer who signs off on it.
Anyway, a quick look at https://www.congress.gov/bill/119th-congress/house-bill/6028... indicates that all 4 sponsors of the bill are Republicans. The Actions tab seems to indicated that the bill got only 12 minutes of debate before being passed,; I hope this is an artifact of how the page is updated rather than the actual time spent on considering it.
And folks who are under attack happen to also be the biggest copyrighter holders, so this would open up a new avenue of attack.
Yes. Not only that, but to grant copyright protection only to those that are allied with/loyal to/bribe the current administration.
This would have massive, far reaching effects.
Copyright laws are heavily enforced, only selectively.
Might be a win? The copyright system is one of the major suspects for why US industry ended up crippled and replaced by Asian labour refusing to respect US IP laws to their significant advantage. To say nothing of the corrosive influence on culture of locking down music and stories. The biggest IP success in the last 50 years seems to have been Open Source because they built a framework inside the copyright system to achieve the opposite outcome and build a thriving industry despite the lawyers trying to encourage them in alternative directions.
The people defending the copyright system should have to keep making their case until they come up with something persuasive for how they're helping.
The OP is correct that Congress implies both chambers. Yes, "Congressman" or "Congresswoman" refers to House members. But the headline says "Congress".
The author also makes nonsensical statements like this: “This bill, like the older one, weakens the few public-interest checks and balances that do exist.”
“Checks and balances” has a specific definition in this context. The term refers to the express allocation of powers between the president, Congress, and federal courts. Such as the requirement that judges must be appointed by the president and confirmed by the senate. It doesn’t make any sense to talk about “checks and balances” in the context of employees of one branch having authority over employees in a different branch.
<https://www.eff.org/about/staff/joe-mullin>.
He's been working in that capacity with the EFF since at least 2018: <https://www.eff.org/deeplinks/2018/02/ipr-process-saves-80-c...>.
Your further objections are ... facile.