Posted by Cider9986 2 days ago
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.
> In a voice vote earlier this week, the House of Representatives passed H.R. 6028, the “Legislative Branch Agencies Clarification Act.”
wow, i had always assumed actual laws have to pass a recorded vote, but its not true...from wiki:
> In Congress, "the vast majority of actions decided by a voice vote" are ones for which "a strong or even overwhelming majority favors one side", or even unanimous consent. Members can request a division of the assembly (a rising vote, where each sides rise in turn to be counted), and one-fifth of members can demand a recorded vote on any question, after the chair announces the result of a voice vote.
> It is estimated that more than 95 percent of the resolutions passed by state legislatures are passed by a unanimous voice vote, many without discussion; this is because resolutions are often on routine, noncontroversial matters, such as commemorating important events or recognizing groups.
https://en.wikipedia.org/wiki/Voice_vote#United_StatesYou can see a lot of difference in the way congresspeople talk based on whether it’s televised or not as well, especially in committees.
I’m just a little surprised that voice votes haven’t been replaced by some kind of digital process. A voice vote doesn’t save time compare to a modern method of tallying votes. Why avoid making records when records are so “cheap” these days?
Such an extreme and emotional statement makes me think you've never really thought it through. For instance: without copyright the GPL is nothing. Also without copyright, all of the profit made on creative works (of a perhaps smaller pie) would get be kept by distributors like Amazon or Netflix. Authors wouldn't get a dime anymore, it'll all go to the likes of Bezos.
Thankfully, RMS is not my guru.
Copyright is a valuable legal technology. It should be reformed to curb abuses, but we shouldn't throw the baby out with the bathwater.
It is not clear to me what their political agenda is. Overall it might be good for AI if the goal is to scrape freely and use it for AI training.
AI is essentially copy paste with more steps. The part that AI companies use to defend this is ?how are we supposed to decide how much each author deserves? They try to wave this away, but their own model can tell them. Their models work off of weights. They can determine how much each work contributed based on those weights, so it's dishonest for them to argue it isn't possible. The way the models are engineered now don't make this possible, but that's intentional and we can all recognize that. They throw up their hands and claim it's not possible because they simply don't want to pay.
The most infurating thing however is how AI companies sidestep the IP rights of authors, but then claim to own those IP rights when their own generated output leaks. Anthropic filed DMCA takedowns on the leaked claude code repos, claiming ownership over something they explicitly have stated is almost entirely AI generated as part of their marketing. They take code, mix it up just enough to scrub away the GPL or whatever license belongs on it, then try to claim ownership of the result, in spite of the Copyright Office repeatedly stating that AI generated works have no copyright protection at all.
I might recall reading some interpretability paper years ago that trained a special model that could attribute each answer to a part of the corpus (like Wikipedia, ArXiV, or "Blogs") but it had a non-zero effect on performance and wasn't nearly as straightforward as weights go in, attribution comes out.
I don’t know about impossible but it’s definitely not a straightforward read from the post-training weights as you’re implying, unless you’re aware of some technique I’m not aware of.
The closest you could get would be the weight differential from training with a given work. But that’s massively dependent on training order, so that it’s certainly not at all a good measure of “contribution.”
Just don't like the immediate dismissal of the people's House when it comes to government affairs. When Congress does something it's important, regardless of the house it originates from.
The OP is correct that Congress implies both chambers. Yes, "Congressman" or "Congresswoman" refers to House members. But the headline says "Congress".
<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.
DMCA rulemaking is actually an example of something that would probably be constitutional if the executive did it--even if administrative agencies in general are unconstitutional. The DMCA creates civil and criminal penalties, and calls for rulemaking to define exceptions to those penalties. Defining exceptions to civil and criminal liability falls squarely within executive enforcement discretion.
It’s akin to the distinction between law and equity courts at common law.
Stepping back, both doctrines are fundamentally about the courts overstepping. If both houses of Congress pass a law creating an agency with a director that can only be fired for cause and the president signs it, the Supreme Court should stay out of it.
Enacting legislation is very difficult, the presumption of constitutionality should be taken more seriously.
The US executive branch has very limited decision making bandwidth and it should really be reserved for matters of war and peace.
On that point, Congress cannot "set things up as it sees fit." The constitution goes to great lengths to create a complex, three-branch system of government with specific powers allocated to each branch. Anytime Congress creates something new, it has to fit it into the three-branch model in a way that is consistent with the principles of that model. It's like a "pure" microkernel in computer science: there is a framework that dictates what goes in kernel space versus user space. Except with the constitution, the structural principles are legally binding. You can't delegate executive functions to mere employees of the legislative branch, just like in a pure microkernel you can't put the GUI into the kernel.
In this case, the DMCA creates civil and criminal liability. Creating exceptions for that is the exercise of a quintessential executive power--enforcement discretion. That power must be allocated to an executive-branch agency.
If you concede that it looks like an executive agency then it actually seems quite proper that the executive control it.
I can see how someone might disagree with that for various reasons (see the article) but in context "if it looks like an executive branch agency, then the Executive branch should have control over it" seems like a great argument and one that would probably carry in Congress, they have tended to put executive agencies under control of the executive in the past.
no more major questions doctrine
Those who are under attack happen to also be the biggest copyrighter holders, so this would open up a new avenue of attack.
Don't threaten me with a good time
The American voter doesn't know because copyright misuse and malfeasance is on a long list of public-impacting topics that news orgs have rigorously ignored for generations.
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.
Yes.
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.
Expand on this.
Wasn't it instead our desire to be the world's reserve currency and rely on cheap imports? You can't be both a net exporter and the world's top reserve currency.
You have to run trade deficits if you want to export dollars.
Maintaining an import-dependent economy might be a factor, economies are complicated. But there isn't a fundamental reason that taking in more stuff than gets exported should mean that Asia has to be more successful. If anything, a country in a position to import more than it exports should be seeing big jumps in living standards, rather the gains going to a country notionally taking the bad end of the bargain. And there are some easy resolutions to being a net importer and while having a strong industrial economy - import raw materials, make stuff that isn't for export as an example.
https://www.stoneslaw.net/legislative-branch-agencies-clarif...
1. Gives power to Congress to appoint/remove the librarian rather than the president (cool, great)
2. Strips the copyright power held by the Library of Congress away, library of Congress becomes a supporting resource like a consultant
3. Reassigns that same power to a different position that’s politically appointed by the president.
What you are saying is technically true, but the deck chairs have been shuffled around in a way that seems to at least partially negate the positive change.
I also find it odd that this was passed in a voice vote. It’s hard for me to tell if that means it has strong bipartisan support? I guess I’d have to watch a video recording of the proceedings to know. If I am recalling correctly, congresspeople can call for a tallied vote if they think the voice vote was too ambiguous.