A long time ago, I wrote a small MS-DOS program that I gave away for free. Last I heard someone as of 2 or 3 years ago someone was still using it. It was a .com program.
People may not remember, it is ~1980 all over again. There was a massive 'chip' shortage back then were the mini-computer company I was at and many others could not get chips they needed.
In fact, chips were kept under lock and key to prevent theft. But there was a massive theft there were 20,000 chips were stolen.
May 15, 1989
FBI SA and US Customs Agents advised Assistant US Attorney that source information and investigation had determined that Atari Corporation was importing 256K DRAMS into the US in false packing containers, and without proper import documents in violation of US import laws and contrary to import agreements between the US and the Japanese Ministry of Industry and Trade. Atari purchases large quantities of DRAMS from Japanese manufacturers for use in their Taiwanese manufacturing plants. Purchasing in Taiwan allows Atari to obtain the DRAMS at a greatly reduced price. There are strict import quotes on the DRAMS, because of Japanese flooding of the market in years previously but there are no import duties. By shipping the DRAMS in the U.S., Atari can thereby increase the price by approximately four times their purchase price. The original manufacturers, whether Fujitsu or Mitsubishi would not be allowed to import this quantity at this price into the U.S., because this practice stifles U.S. manufacturers.
Investigation determined that Atari was importing large quantities, 150,000 or more a wekk into the U.S. since May,1988. None were declared through U.S. Customs, and it appears telexes and telephones were used to order specific quantities in furtherance of this scheme.
Based on the above, Assistant US Attorney stated he would consider prosecution of this matter under the Wire Fraud Statutes or 1001 Falsification of Import Documents.
SOURCE: FBI Case 87A-SF-40454, Pages 42-43
I'm gonna have to go dig up the link, but isn't there a guy that Nintendo basically has on indentured servitude for the rest of his life?
Ah, found it:
>In April 2023, a 54-year-old programmer named Gary Bowser was released from prison having served 14 months of a 40-month sentence. Good behaviour reduced time behind bars, but now his options are limited. For a while he was crashing on a friend’s couch in Toronto. The weekly physical therapy sessions, which he needs to ease chronic pain, were costing hundreds of dollars every week, and he didn’t have a job. And soon, he would need to start sending cheques to Nintendo. Bowser owes the makers of Super Mario $14.5m (£11.5m), and he’s probably going to spend the rest of his life paying it back.
I'm not even a tiny bit supportive, but there is precedent.
American executives have been pushing to criminalise copyright infringement for decades, and America has worked hard to pressure countries all round the world to do this as part of trade deals. There is, for example, a Brit serving an eleven year sentence right now *.
"American executives have been pushing to criminalise copyright infringement...Why should Zuckerberg be exempt?" Implicit relevence in the comment to which I'm replying.
Zuckerberg saying anything about copyright infringement is irrelevant to the actions Meta has taken in consuming and promoting the practice, and he should face criminal liability.
I hear you, though I was replying only to the comment I replied to, so the misunderstanding is more of targe. I don't really care either way, was more being pedantic regarding the comment's internal premise and conclusion.
The non-strawman way to interpret the parent comment is that they want them to be treated the same as normal copyright violators. Jail is a common result of (criminal) copyright prosecution, with 44% of convicted offenders being imprisoned, averaging 25 months [0].
Now, I personally find the idea of imprisoning people for copyright offenses horrific, but I don't think it's remotely insane that someone else might come to that conclusion, given that we broadly accept it as a society.
From [0]: "In fiscal year 2017, there were 80 copyright/trademark infringement offenders who accounted for 0.1% of all offenders sentenced under the guidelines." This is such a low number that I assume most prosecuted cases are settled without ever making it to sentencing, or alternatively copyright infringement is just hardly ever prosecuted criminally at all.
I don't understand how the fact that 80 people were prosecuted for copyright violation in one year is an argument that one person shouldn't be prosecuted for copyright violation.
For better or for worse, the idea behind incorporation is that you, as an owner of part or all of the company, are separated from it financially and legally in most circumstances.
Zuckerberg may be CEO, majority shareholder, and on the board of Meta, but he didn't break copyright law, Meta did. So if there were to be a consequence, Meta would pay out the fine. Not sure how you jail a company.
Now, in a company with a real corporate governance structure, the board would look at the loss incurred by said fine, look at Zuckerberg, and immediately fire him for causing the loss. However, like I said before, Zuck's in charge of Meta, so that's not going to happen, and the fine is unlikely to be enough to drastically impact the company's profitability enough to sink his shares, which are the main repository of his wealth. So if he thinks he can make himself richer violating copyright law in the future, he will likely direct Meta to do so.
TL;DR, in the famous words of Bender from Futurama, "Hooray, the system fails again!"
> Zuckerberg may be CEO, majority shareholder, and on the board of Meta, but he didn't break copyright law, Meta did.
I'm still stuck on how Z telling Meta (or the relevant people at Meta, whatever) to go out there and do illegal shit doesn't make a court say that he's functionally done said illegal shit, or at least encouraged the company to do, and that he should thus be liable for that. It's not like there's much plausible deniability here. It'd be one thing if the lower ranks thought it'd be fine and did it of their own accord. It's quite another for Z to tell people to go nuts doing illegal shit.
The DMCA makes facilitation of copyright infringement illegal. Telling people to do copyright infringement is surely facilitation of copyright infringement. Surely then, Z having broken the DMCA is a fairly open and shut case, modulo calculating the damages. But apparently not?
I’ve sometimes pondered this about the legal personhood of a company - it has most of the rights as a human being but can’t suffer any of the major consequences, such as jail.
It could be possible to construct a legalistic jail for a company whereby if it has committed the type of crime that a human could be jailed for, then it could be frozen for the duration, say ten years, and all its assets, shareholder funds, contracts, everything were frozen and impounded.
Of course this seems completely ludicrous because it’s so “out there” but it’s worth having the thought experiment. Things like “corporate manslaughter” really have few consequences for the corporation itself - if it was actually jailed for twenty years and shareholders and officers left frozen out and on pause, then it might be the kind of punishment that really counted for something.
In this case, they'll be right. That, again, is the purpose of incorporation. It's also the same concept that keeps someone from emptying out all of your personal bank accounts if your small business gets sued.
What you'd need is something that either removes that protection past a certain amount of value, or, to tell entities like Meta - which are basically sole proprietorships with window dressing - that they're not entitled to the protection of incorporation if they don't enact a real corporate governance model.
> Execs and major shareholder should absolutely be held personally held liable.
In a way, they are. Those two groups are often the same due to incentives packages. The money lost to the fine is money not put in the earnings-per-share or R&D or whatever. That's the opportunity cost of paying the fine.
The problem from the "discourage bad corporate behavior" standpoint is that you can generate enough money from breaking the law to cover the fine and make more money than you would have had you not broken the law. Or maybe it's not a fine. Maybe it's a judgment from a civil case. Same issue.
You need to greatly increase the financial consequences to both clean out all gains the shareholders could have made from the illicit behavior and make it harder for the company to be competitive in the marketplace going forward.
There aren't enough things an executive can go to jail for.
Fines don't do anything to deter bad behavior. Either:
* The company pays
* They pay and the company mysteriously increases next year's comp / grants a "loan" / etc
* D&O insurer pays
In all three cases the money comes out of the shareholders' hides. It provides zero personal deterrence. The payoff matrix, as seen by a sociopath, makes it rational to always defect against the common good.
The only punishment that can really focus attention is physical imprisonment in a facility they can't choose.
SOX did this for financial reporting and gee shucks it turned out executives can follow the law after all!
> I'm all for strong justice, but you want to imprison an executive for decades for copyright violations?
They stole the life's work of millions of people.
In less civilized times, they likely would have been drawn and quartered by strong horses, and had their limbs drug to the 4 corners of the continent as a warning to anyone else that would consider doing it again.
Interesting, I wonder if the "TAB" argument was IBM at the time wanting screen input to work just like they did on mainframes ?
Well before DOS was a thing, the mini I programed on was using Tabs to move between the TUI fields. Once you were happy you would press RETURN to process the data. At the time, seems IBM was trying to avoid doing anything similar to any of its competition.
The current Supreme Court ?? I really doubt it will say these laws are illegal. They believe in "originalism", that means since the Internet did not exist in 1783, you have no rights to it and can be controlled in any manner the state of site owner sees fit.
That is not what "originalism" in regards to Constitutional interpretation means. An originalist will attempt to determine how a modern thing like the Internet would fit in to the original purpose of relevant parts of the Constitution. Something as broad as the "the Internet" falls into multiple areas. In regards to this story of the relevant area in the Constitution are the 1st and 4th amendments.
When the Bill of Rights was passed the purpose of those amendments was to restrict government action that may limit a person's ability to share ideas. I think that clearly makes anything that makes privacy online harder unconstitutional.
But, we also don't need the Supreme Court to weigh in on constitutionality. It is the responsibility of citizens to assert their Constitutional rights. That often looks like law suits against the State trying to infringe on our rights.
Too bad companies did not have 'ba*s' to block their sites from being accessed in Utah. If all companies did that, it would stop all these crazy laws instantly.
Where I live, one site I log into started asking for my birth date. That is in a State were age verification is not yet even being talked about. So my response is to never go to that site again. I believe it will change once users start dropping off that site.
I don’t understand how this is related. As I understand it, many of the websites affected by these laws did chose to blanket-ban those states from accessing them.
This VPN law is a weak attempt to claim that it’s not enough to geo-block people, similar to the UK governing bodies that are trying to go after websites that have geoblocked the UK because they don’t believe that’s sufficient.
From what I have heard, only porn and smaller sites did this. I am referring to facebook, twitter, blue sky, tiktoc and other such large sites. If those sites starts blocking States like Utah, you would see a big outcry and laws changing.
In this day and time Microsoft should really know better. But I have seen this, and worse, happen over and over again in some fortune 500 companies with ERP and in-house systems.
I would think this is a local vulnerability assuming Windows works as other OSs.
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