"And it's all the more ironic because critics say Hatch's own computer had illegal software on it at the time he made his proposal -- and thus could be zapped by the very technology he endorses."

Senator Says Fry Computers That Download Copyrighted Songs

by James W. Harris

Download a copyrighted song from the Internet -- and have your computer destroyed by government-sanctioned remote control.

That's the novel idea proposed by no less than the chairman of the Senate Judiciary Committee, Senator Orrin Hatch (R-Utah).

And it's all the more ironic because critics say Hatch's own computer had illegal software on it at the time he made his proposal -- and thus could be zapped by the very technology he endorses.

In mid-June, during a hearing on copyright issues, Hatch asked technology executives if it was possible to develop ways to damage computers involved in illegal file trading.

"No one is interested in destroying anyone's computer," replied Randy Saaf of MediaDefender Inc., a software company.

Wrong.

"I'm interested," Senator Hatch declared. He went on to say that wrecking someone's computer "may be the only way you can teach somebody about copyrights."

Hatch elaborated his brainstorm. Illegally download copyrighted music two times, and you get a warning. The third time, your computer is destroyed by remote control.

"If we can find some way to do this without destroying their machines, we'd be interested in hearing about that," Hatch said. "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" the seriousness of illegal downloading.

Questions naturally arise about the senator's plan. Like, what if someone is using someone else's computer? Or what if Hatch's technology goes haywire and knocks out millions of innocent computers? What if someone develops a virus to exploit the technology? And wouldn't Hatch's scheme violate federal anti-hacking laws? And so on.

And then, there's another fascinating question: should Senator Hatch's computer be the first one in America to be destroyed, to set an example for the rest of us?

Yes, in a delicious bit of irony, Wired News reported that Senator Hatch has been using unlicensed copyrighted software on his official Web site.

The senator's site uses a JavaScript menu system developed by Milonic Solutions, a British software company.

"It's an unlicensed copy," Andy Woolley, who runs Milonic Solutions, told Wired News when asked. "It's very unfortunate for him because of those comments he made. They're using our code. We've had no contact with them. They are in breach of our licensing terms."

According to Wired News, the license for the software used on Hatch's Web site -- while allowing free use for personal or nonprofit users -- stipulates that the user must register the software to receive a licensing code, and must provide a link in the source code to Milonic's website.

At the time of his remarks, the senator's site met none of Milonic's licensing requirements. Shortly thereafter, as word began spreading across the Web, Hatch's site was updated to contain the required copyright info.

"It was all a misunderstanding, an honest mistake," said a spokesman for the company responsible for Hatch's Web site. "As soon as we found out about it, we contacted Milonic and we bought the license to end any controversy about this issue."

Of course, critics charge that similar "misunderstandings" and "innocent mistakes" could lead to the destruction of untold numbers of innocent owners' computers, if Hatch's loony plans were to become legal.

Milonic's Woolley told Wired he knows of at least two other U.S. senators using unlicensed copies of his software, and many big companies.

Is Senator Hatch hatching a scheme to destroy their computers? We can only wait and see. But, to quote the innovative senator: "There's no excuse for anyone violating copyright laws."

(Sources: Washington Post http://www.washingtonpost.com/wp-dyn/articles/A6241-2003Jun17.html

Wired: http://www.wired.com/news/digiwood/0,1412,59298,00.html

 http://www.wired.com/news/politics/0,1283,59305,00.html

 http://www.wired.com/news/business/0,1367,59345,00.html   )

Published in THE LIBERATOR ONLINE, June 25, 2003 / Vol. 8, No. 9