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DVD Cases: Help by Commenting to Feds on DMCA

Paul Burchard writes "The Copyright office is requesting comments by Feb. 10, 2000, on how broadly to interpret the exemptions in the Digital Millennium Copyright Act (DMCA) to its provisions against circumventing copy-protection technologies. As these features of the DMCA have been cited by lawyers from both sides in the DeCSS cases, the interpretation of the exemptions appears to still be up for grabs -- your comments could make a difference." Get involved and do this now.

192 comments

  1. DMCA does not apply by Troed · · Score: 2
    ... since DeCSS (or the real work behind the scenes, like actually reverse engineering CSS ... DeCSS is just one application of that) was NOT constructed in the USA.

    News for most americans: The rest of the world don't care about your laws.

    Now when this is settled, let's talk about making this mirroring scheme more efficient. I'm talking spam. I'm talking buying the service of one of these hated spammers that ever so often sends you a nice pricelist of how many millions you can reach buy just paying $100, $200 or whatever the going rate is ...

    I want to see the MPAA going after each and every single ISP, mailserver and end user receiving an email containing the CSS source. You know, those 3 millions or so ...

    1. Re:DMCA does not apply by God+I+hate+mornings · · Score: 1

      News for most americans: The rest of the world don't care about your laws

      I agree. I would love to see how the courts enforce the issue when the server is overseas.
      I could just imagine the lawyers calling up a webmaster in another country demanding they remove the file/web page etc. I would imagine that the response would amount to a hardy laugh and a comment of "go frag yourself."

      On the side note: Could this be actually a decent for spam? It would be neat to watch the lil lawyers try to track all the emails etc. I get the picture of lil boys running around trying to plug the crumbling dike with thier fingers.

      --
      GIHM -The light at the end of the tunnel is only the oncoming train.
    2. Re:DMCA does not apply by God+I+hate+mornings · · Score: 1

      err that should have read "a decent use for spam"

      Screw it, it's time for a beer or 12.

      --
      GIHM -The light at the end of the tunnel is only the oncoming train.
    3. Re:DMCA does not apply by TrentC · · Score: 2

      It would be neat to watch the lil lawyers try to track all the emails etc. I get the picture of lil boys running around trying to plug the crumbling dike with thier fingers.

      You know, child pornography is illegal in countries other than the US...

      ...Oh, my mistake. I got a totally different picture in my head...

      Jay (=

    4. Re:DMCA does not apply by HP+LoveJet · · Score: 2

      The rest of the world don't care about your laws.

      With the exception of Berne Convention signatories, of course....

      --
      spawn_of_yog_sothoth
    5. Re:DMCA does not apply by God+I+hate+mornings · · Score: 1

      Now that should be moderated up and marked as Funny.

      --
      GIHM -The light at the end of the tunnel is only the oncoming train.
    6. Re:DMCA does not apply by kemokid · · Score: 1
      News for most americans: The rest of the world don't care about your law.

      However, DMCA is based on some world-wide treaties. Which just shows that we need to organize not just nationally, but internationally, to adequately protect our rights.

    7. Re:DMCA does not apply by tweek · · Score: 2

      I don't quite agree with the spam part but I would not mind some sort of rsync service for sites to mirror from with possibly a round robin dns of master sites that update more often? Anyone want to join in?

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    8. Re:DMCA does not apply by Anonymous Coward · · Score: 0

      Crumbling!?! Is she dead?? Now THAT's illegal...

    9. Re:DMCA does not apply by Anonymous Coward · · Score: 0

      > With the exception of Berne Convention signatories, of course....

      The issue at stake here, which is whether or not it is legal to disseminate knowledge that could POTENTIALLY be used by someone to infringe someone else's copyright, is not governed by the Berne Convention.

      The particular law (Digital Millenium Copyright Act) is US specific.

    10. Re:DMCA does not apply by Anonymous Coward · · Score: 0

      why is there www.lo-li-ta.com ?

  2. Cool! Spam all round, boys! by Anonymous Coward · · Score: 1

    Let's make sure we Hormel them with fury!

    Don't forget to spell lots of words incorrectly.

    1. Re:Cool! Spam all round, boys! by Anomalous+Canard · · Score: 1

      Not funny. This is serious stuff. 31337 speak will not impress anyone.
      Anomalous: inconsistent with or deviating from what is usual, normal, or expected

      --
      Anomalous: deviating from what is usual, normal, or expected
      Canard: a false or unfounded repor
    2. Re:Cool! Spam all round, boys! by Anonymous Coward · · Score: 0
      Blame it on the Jews

      Though it is not politically correct to say so, the Jews and the Jew lawyers are the ones behind these lawsuits. Although only 2% of the US population, the Jews control almost every media outlet: newspapers, music companies, movie studios. Everyone knows too that the banks and financial institutions are under their control.

      Investigate it yourself. Read Who Rules America.

  3. Help by Nerds · · Score: 5

    Could someone post their letter here so those of use who are not the best writers or just don't have as much info on this case can get an idea of what should go into these comments? I'd like to help but I'm not sure exactly what would be the most effective way to do it (unless "DeCSS rules!" counts as a good comment...)

    --
    My other .sig is 'The Art of Computer Programming'
    1. Re:Help by MindStalker · · Score: 2

      Well if you read the article the LOC is planning on placing copies of all electronic comments on their website. Weither they do that as they receive the comments are all in one bulk at the end is another question.

    2. Re:Help by Anonymous Coward · · Score: 0

      This process needs to be a bit more stream-lined. How many people actually have tools to create PDF's? And, if you submit printed comments, you have to submit 15 copies of them!

      I guess this stops people who would just say something stupid, but it is certainly not convenient.

    3. Re:Help by jareds · · Score: 2

      The tool ps2pdf is part of Ghostscript, and can be used to create PDFs from PostScript files.

  4. Copy Protection is just... by Anonymous Coward · · Score: 0

    Copy protection is just a way to trick nerds into breaking the law.

    Moderators won't understand this post, I must post anon, sorry.

  5. Join the EFF by alehmann · · Score: 3

    You can also help a lot by giving a donation to the EFF. They are playing a big part in the legal defense for DeCSS distribution.

  6. Born to be free by Anonymous Coward · · Score: 0

    All information should be freely available. People that help release it are heros.

    1. Re:Born to be free by Jburkholder · · Score: 1

      I saw that very proverb in a fortune cookie last night! Who wudda guessed!

    2. Re:Born to be free by Jinker · · Score: 1
      Down with all crypto! All information "wants to be free". (Including your private emails)

      If a person (or company) produces a private letter (or movie) that they only want their friends (or paying customers) to see, they have the right to that privacy.

      If you don't like the policy, don't watch DVDs. If you don't like the MPAA or RIAA's stance on crypto, copyright or whatever, DON'T CONSUME THEIR PRODUCTS. Don't warez them, don't distribute them, don't rent them, don't buy them.

      People are free to invent a technology to replace DVD. Make a better drive and implement no crypto. Sell it to all the people who want to distribute their stuff for free.

      Otherwise, realize that you live in a somewhat free-market economy, where people have the RIGHT to make closed standards.

      Greg

    3. Re:Born to be free by Anonymous Coward · · Score: 0

      Yes, this is true. But don't forget that in a somewhat free society, we are also free to do as we please with our possessions.

    4. Re:Born to be free by Jburkholder · · Score: 2

      >we are also free to do as we please with our possessions.

      Right, and I think 'possessions' is at or near the crux of the matter. If you buy a DVD, your perception of your rights to use that recorded media as you see fit ovbiously are different than what the DVD CCA would like. You want to be able to play it whenever you like on whatever device you prefer. They don't want you to play it on a device or system that they can't control and exact some kind of membership fee or other tax.

      I've seen arguments back and forth about whether piracy is an issue with the prohibitive costs and bandwidth restrictions, but I think a far more compelling motivation in all this is to keep all the lisencees in lock-step and keep under their control who can manufacture systems that can play DVD CSS'ed information.

    5. Re:Born to be free by Anonymous Coward · · Score: 0

      > If a person (or company) produces a private letter (or movie) that they only want their friends > (or paying customers) to see, they have the right to that privacy. Yes. Also, I, as a paying customer have the right to watch the movie *without* paying for either the DVD player manufacturers or Microsoft or Apple. By paying for the disk I bought rights to watch it. I have not signed a license agreement which would limit my options in the means of doing so. Zoltan

    6. Re:Born to be free by plague3106 · · Score: 1

      Make a better drive and implement no crypto. Sell it to all the people who want to distribute their stuff for free.

      Ya, i'm sure ALL the studios would be beating down your door for that. Remember the people making movies are the ones that insisted on the encryption. I don't think they'd accept a format without it.

  7. Important how-to note from defendant by kinesis · · Score: 5

    The DVD case going on in New York is putting the DCMA to the test. We've already lost round one--the preliminary injuction was granted as all of you read.

    This case has more significant ramifications than the California case that I'm involved with.

    Please read the OpenDVD advocacy how-to at http://www.opendvd.org/advocacy.html

    Flamers... please skip the rest of this message. We don't want your help.

    The federal government is accepting comments via email at 1201@loc.gov. Use reason to argue why reverse engineering must be allowed for the purposes of interoperability.

    The most obvious reason is that it promotes competition. It also empowers consumers.

    Here's a summary of exactly what they are accepting comments on...


    SUMMARY: The Copyright Office of the Library of Congress is preparing
    to conduct proceedings to make recommendations in accordance with
    section 1201(a)(1) of the Copyright Act, 17 U.S.C. 1201(a)(1), which
    was added by the Digital Millennium Copyright Act and which provides
    that the Librarian of Congress may exempt certain classes of works from
    the prohibition against circumventing a technological measure that
    controls access to a copyrighted work. The purpose of this rulemaking
    proceeding is to determine whether there are classes of works as to
    which users are, or are likely to be, adversely affected in their
    ability to make noninfringing uses if they are prohibited from
    circumventing such technological measures. This notice requests written
    comments from all interested parties, including representatives of
    copyright owners, educational institutions, libraries and archives,
    scholars, researchers and members of the public, in order to elicit
    information and views on whether noninfringing uses of certain classes
    of works are, or are likely to be, adversely affected by such
    prohibition.

    1. Re:Important how-to note from defendant by David+Greene · · Score: 4
      Before anyone sends e-mail to the Copyright Office, please visit the link at the top of the story. There are restrictions on the format of submissions. Namely, they must by MIME attachments of PDF, Word 7 (or earlier) or WordPerfect 7 (or earlier) files. A text e-mail may not be enough.

      --

      --

    2. Re:Important how-to note from defendant by Troed · · Score: 1
      The most obvious reason is that it promotes competition. It also empowers consumers

      ... and the most important reference: The home-computer market wouldn't exist if Phoenix hadn't reverse-engineered the IBM BIOS ...

    3. Re:Important how-to note from defendant by Anonymous Coward · · Score: 0

      Reason number one that the government would understand. The United States of American and other countries have been reverse engineering technology for the past 200 years. If anything they should be smacked for being hypocrites. SOrry bout the anonymous part. I had an account and forgot it. Oh well. GLMK

    4. Re:Important how-to note from defendant by Score+Whore · · Score: 1

      Odd. I remember having a home computer before IBM ever released a PC model that had a BIOS to be reverse engineered.

    5. Re:Important how-to note from defendant by Troed · · Score: 1
      You don't need to tell me that - but seriously. Altair/Vic-20/Atari/Amiga would never had created today's society on their own. The PC-clones were and are needed still today ...

      I expect Symbian to change all that though :)

    6. Re:Important how-to note from defendant by benedict · · Score: 2

      Secret evil unix-foo technique: send them a text file with a name ending in ".doc". Word will open it, and the user need never know that they've been tricked into accepting a file in a secure, portable, lightweight format.

      --
      Ben "You have your mind on computers, it seems."
    7. Re:Important how-to note from defendant by jareds · · Score: 1

      I could be wrong on this, but won't it pop up a message when they try to save it, saying "This document is in text format. Important formatting information could be lost."?

    8. Re:Important how-to note from defendant by pen · · Score: 1
      Not if it has the .doc extension.

      --

  8. electronic comment format by RoLlEr_CoAsTeR · · Score: 1

    What I want to know is why they will only take the comments in .pdf format, "Wordperfect 7 or earlier" or "Microsoft word 7 or earlier." Whatever happened to .txt or .html? I would think that text, at least, would be preferred.. if your word processor can't do .txt format then you must be using a pencil and paper. However, not everyone has a way to make .pdf, .wps, or .wpd (or whatever Wordperfect's file extension is), including me. I could do .txt, but none of the others (unless I use a school computer). I realize that this isn't everybody, nor am I a majority, but still.. a non-proprietary format please!

    --

    Insert mind here.
    1. Re:electronic comment format by Anonymous Coward · · Score: 1

      This sounds like a perfect example of why reverse engineering is a necessary thing- if you felt the desire and had the skills, you could go and write a utility to do the file-type conversions without having access to the app itself (the code that is).

    2. Re:electronic comment format by KnightStalker · · Score: 1

      It's likely that nobody reads the emails themselves. I'm guessing they have an automated system that takes the word, wp, or pdf attachments, converts them to some internal format, and slaps them in a database. Ignoring text emails helps weed out the useless flames.

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    3. Re:electronic comment format by crumley · · Score: 2

      Well, I agree with you, plain text should be allowed.

      But there should be a way for you to generate pdf. Are you using a *nix OS? Then use enscript to generate postscript, and ps2pdf to generate pdf. (There probably are many other ways to do this, but I thought off this way first).

      There are probably ways to do it on most other OSs, but I also know a more general solution. Use this service from Adobe - it let's you translate a limited number (10 ?) of files from many formats into pdfs.

      I use it as a handy little Microsoft Word translator. Of course, I'm still stuck with pdfs. But at least I can read those easily.

      --
      Preventive War is like committing suicide for fear of death. - Otto Von Bismarck
    4. Re:electronic comment format by Cramer · · Score: 1

      Small news flash... Ghostscript has a pdfwrite driver. Personally, I've never used it, but I compiled it in there. Also, try looking at StarOffice -- it's not perfect, but it fills a void and provides an excellent example.

      I would guess they want something semi-portable that still has some markup. HTML is far from a usable document standard -- it's too browser specific and would require stylesheets and other bells to have the same level of markup.

      I would recommend pdf format and pepper it with "sticky notes" and other external, cross-document links :-) (Oh, and use some pretty graphics too.)

  9. Addresses to send comments to by 348 · · Score: 5
    Addresses to send comments to:

    The purpose of this rulemaking proceeding is to determine whether there are classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses if they are prohibited from circumventing such technological measures. This notice requests written comments from all interested parties,

    If you are going to respond by e-mail, here is the address of the OGC.

    If you are going to use snail mail, comments should be addressed to:

    David O. Carson, General Counsel
    Copyright GC/ I&R, PO Box 70400
    Southwest Station, Washington, DC 20024.

    Never knock on Death's door:

    --

    More race stuff in one place,
    than any one place on the net.

  10. Please Please PLEASE by Nimmy · · Score: 4

    Show some sanity! Write reasonable and calm letters. Do NOT flame. This is not your chance to rant about the evils of Copyrights and such. Flaming and generally being a jerk will get us nowhere, in fact it will probably hurt the cause more than you can imagine.

    Read the Advocacy FAQs. Proofread you letter. Get someone else (hopefully someone who disagrees with you) to read and comment on it. Having a flood of flamers attack the Copyright agency could be the worst disaster possible for the DeCSS case.

    Once again. Please, show some sanity and some respect. Write well reasoned and informative letters. DO NOT FLAME.

    --Nick

    1. Re:Please Please PLEASE by Anonymous Coward · · Score: 0

      Moderators, please send this parent to the top

      . Also does anyone have a link to that Linux advocacy guide or whatever it is? That had some great information on how to communicate with passion and not with flames and generally good info on how not to be perceived as a zelot asshole when trying to professionally communicate an idea.

    2. Re:Please Please PLEASE by Tower · · Score: 1

      This isn't a flame, but this made me laugh out loud...

      >Proofread you letter.

      It's just so ironic that the only error in the post was on hte line that told people to proofread...

      You may now continue with your lives...

      --
      "It's tough to be bilingual when you get hit in the head."
    3. Re:Please Please PLEASE by Nimmy · · Score: 1

      Yup. You're right. Rather ironic I guess, but thats the way things go. Rest assured, I will proofread my letter a little more carefully than I proofread my post.

      It's funny. About half my posts are apologies for misspellings and other errors. I guess that should be a sign to me somehow. =)

      --Nick

    4. Re:Please Please PLEASE by Evil+Spammer · · Score: 1

      In fact, there are a number of people right here on /. that would qualify as proofreaders, so those who are writing letters would do well to post them here first, asking for suggestions.

      Those who want to serve the community as proofreaders would be most helpful if they would read at level 0 or 1 since a lot of the letters won't get moderated up.

      I hope we can have an effect here.

    5. Re:Please Please PLEASE by Tower · · Score: 1

      Well, more than half of my posts are off-topic follow-ups (like this one).

      Thanks for seeing the humor and not getting all sorts of flaming mad 8^)

      --
      "It's tough to be bilingual when you get hit in the head."
    6. Re:Please Please PLEASE by keil · · Score: 1

      When I read the DMCA it sounded like, in some part at least, a Good Thing.

      One part of it shifts the blame for distributing copyrighted material from the ISP to the originator. Imagine the insanity of constantly cancelled accounts and snooping possibilities that could be necessary without this.

    7. Re:Please Please PLEASE by Anonymous Coward · · Score: 0
      ... and do not point out that the Honorable Jessee Helms just went before the United Nations to explain that the United States will not bow down before any international treaty or body, and only expects such bodies to lay supine or kneel before it and like it.

      Instead, dwell on the fact that today's popular entertainments will be the subject of tomorrow's scholarship (no scholar, for example, respected Dickens in his time), and that those scholars, themselves working in multimedia, will need to make fair use of examples from media that will be encrypted or otherwise protected, which they cannot do without appropriate keys to that media - and thus where the manufacturers of such keys do not provide publicly-available copies that will work on whatever systems scholars may find useful, the only recourse among the intelligensia is to create such tools for themselves, which must be legal else the wonderful contributions of, for instance, Hollywood to future civilization will go underappreciated.

      Oh, and don't point out that Dickens was never paid for the copies of his books printed in the States.

  11. Get clever with Sherman Anti Trust by B4Eddie · · Score: 2

    I'm not a lawyer, and I don't play one on TV.
    But this seems like a good thread to post case law
    if you are a lawyer, or play one on DVD.

    Some of this sounds more like "illegal tying" to force people to use particular playback technology for which royalties may be paid independent from those paid for the movies themselves. Also, what if somebody just doesn't want open source or Unix
    users to be able to play DVDs. Could that be an "illegal boycott."

    --

    How many people have to suffer a harsh punishment before "cruel and unusual" returns zero?

  12. Vote with your wallet... by Anonymous Coward · · Score: 0

    Just don't buy DVDs. Tell your friends not to buy DVDs, and tell them why.

  13. Slasdotted. Mirror here. by kinesis · · Score: 4
  14. No text?! And please be responsible . . . by emag · · Score: 2

    Looks like they want emailed comments to be in either PDF, Word >= 7.0, or Wordperfect >= 7.0. Whatever happened to plain vanilla ascii? Since they're planning to put this stuff up on their website, one might have thought that ASCII or HTML might have been an acceptable format. Maybe they need to be enlightened about requiring closed formats themselves.

    Also, I urge everyone to act responsibly. Show them that we can give well-reasoned arguments for why DeCSS isn't covered by the DMCA's prohibitions. Spamming them isn't going to do anything to help us, and will likely hurt us in the long run.

    Be sure to stress how DeCSS is designed so that Linux users can watch legally-purchased DVDs, and how DVDs can be copied without needing to decrypt them. In all the articles on /. so far on this (as well as most other sites carrying the DeCSS articles), plenty of valid reasons have been given, from those above, to just plain bad crypto being used, etc. Read the comments. Distill them into reasoned letters, and get them in!

    --
    "The urge to save humanity is almost always a false front for the urge to rule." --H.L. Mencken
    1. Re:No text?! And please be responsible . . . by pb · · Score: 0

      No, no, no, this is the government. And, believe it or not, it's gotten better .

      But yes, I agree with you. If I have to e-mail them *at all*, it will be in ASCII. And the last time I did, all I got is an automated reply. Maybe they'll get back to me when I start collecting social security...
      ---
      pb Reply or e-mail; don't vaguely moderate.

      --
      pb Reply or e-mail; don't vaguely moderate.
    2. Re:No text?! And please be responsible . . . by jareds · · Score: 1

      Um, why can't you just use ps2pdf to make a nice Adobe PDF file to send them. It's part of Ghostscript.

    3. Re:No text?! And please be responsible . . . by Greg+W. · · Score: 1

      Um, why can't you just use ps2pdf to make a nice Adobe PDF file to send them.

      Because "nice PDF" is an oxymoron.

      I guess you could make a PDF file that way, but it's not possible to make a "nice PDF" by any means.

  15. Bureaucratic Policy Does Not Affect Court by nellardo · · Score: 4

    I'm not sure if these comments will help as much as we might like. Federal bureaus establish guidelines as a practical way to put Federal laws into effect. The court would only pay attention to those rules if they had been in place long enough to constitute "common practice." And even then, the court could rule either that the law was bogus, or that the rules were.

    Bureacratic guidelines are not law.

    Since the Copyright Office hasn't even established the guidelines, they should not affect the judge's ruling. The judge might pay attention to strong public sentiment, but I believe the judge would be more likely to feel that, if the public wants the law changed (and the judge thinks the existing law is fine), then the public should vote for new representation.

    The only way the comments would help is as evidence the EFF could use in court that DeCSS's intent is not piracy, but playback of legitimate content.

    --
    -----
    Klactovedestene!
    1. Re:Bureaucratic Policy Does Not Affect Court by re-geeked · · Score: 2

      Would good guidelines help keep restraining orders based on DMCA from being approved? This matters a lot, when the real strategy of RIAA and MPAA is to club you into submission with TROs, and to scare ISPs into pulling the plug.

      --
      "You can't get something for nothing." - my grandfather, on the stock market and Reaganomics.
    2. Re:Bureaucratic Policy Does Not Affect Court by G27+Radio · · Score: 2

      The only way the comments would help is as evidence the EFF could use in court that DeCSS's intent is not piracy, but playback of legitimate content.

      This is a little short-sighted. The MPAA, RIAA, DVD CAA, and many others will abuse the hell out of the DMCA as long as it is profitable to do so. The guidelines might at least make it a little harder (and less profitable) for them to do so in the future.

      We're obviously dealing with organizations that don't give a rat's ass who they hurt (even if it's everybody) as long as there is profit to be made. They have tremendous amounts of resources that they can use against individuals and smaller organizations to silence them even when they aren't doing anything illegal.

      I'm sure they see the DMCA as a way to strengthen their position even more, to give them that much more ammo to use against would-be competition and anyone else that gets between them and potential profit. Comments submitted stand to dilute the added power the DMCA gives them. The comments could possibly even undermine other laws that the industry abuses but that's probably overly-optimistic on my part--I'd love to have someone tell me I'm wrong.

      They're too powerful already. They are not scared to threaten our freedoms publicly in courts of law. They think they are untouchable, but I hope they are wrong. One thing that I am certain of is that we can't afford to miss any opportunity to erode their power.

      These organizations may claim that piracy over the Internet will be a death sentence for them. This is not true, but if it was it would be well deserved. Maybe if we can make an example of them other corporations will learn to step a little more lightly. We have a great equalizer now--we'd best use it.

      Sorry about the rant and topic drift. I'm going out for a pint or six of Guinness.

      numb

    3. Re:Bureaucratic Policy Does Not Affect Court by jareds · · Score: 1

      You are totally mistaken. The prohibition against reverse engineering in question is Section 1201, subsection(a)(1)(A): "No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter."

      Subsection (a)(1)(D): "The Librarian shall publish any class of copyrighted works for which the Librarian has determined, pursuant to the rulemaking conducted under subparagraph (C), that noninfringing uses by persons who are users of a copyrighted work are, or are likely to be, adversely affected, and the prohibition contained in subparagraph (A) shall not apply to such users with respect to such class of works for the ensuing 3-year period." (Emphasis mine.)

      If my understanding is correct, no user of classes of materials published by the Librarian according to subparagraph (C) can be charged with violations of (A), period.

      However, I'm actually quite confused as to how people in this current case are being charged with violating S. 1201 (a)(1)(A) anyway, since it isn't supposed to take effect until October 28, 2000.

      BTW, IANAL.

    4. Re:Bureaucratic Policy Does Not Affect Court by ralphclark · · Score: 2

      The ruling that just took place at the Santa Clara County Court has nothing to do with the DMCA; the plaintiff's case was that the DeCSS crowd misappropriated a trade secret and in doing so injured their members' business. As has been pointed out elsewhere, the DMCA is a piece of Federal legislation and can only be prosecuted in a Federal court.

      Consciousness is not what it thinks it is
      Thought exists only as an abstraction

  16. Talk on their level by bluGill · · Score: 3

    Remember, these are not geeks we are talking to. Some of these people are smart (but not on computers), and others are stupid. (I also know some stupid geeks, so the score is even) You need to talk to their level.

    I strongly recomend analgies that they understand. For instance, I bought a manual for my car published by one "Haynes" company. For those who don't know, this company buys a car, and takes it apart. Point out to the beurocrats that they are reverse engineering and that any decision to prohibit reverse engineering computers must also prohibit reverse this company from reverse engineering cars.

    If anyone else can come up with good examples, please post them. It would be nice if /. would then find the best of the best for anouther artical, but that might be asking too much.

    While e-mail is okay, snail mail is better, so spend some money on stamps.

    1. Re:Talk on their level by SEE · · Score: 2
      While e-mail is okay, snail mail is better, so spend some money on stamps.

      Wrong! To quote them:


      1. Written Comments

      The Copyright Office will be placing all comments and reply
      comments that are submitted in electronic form on its Website (http://
      lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that
      comments and reply comments be submitted in electronic form, in one of
      the following formats:
      If by electronic mail: Send to ``1201@loc.gov' '' a message
      containing the name of the person making the submission, his or her
      title, organization, mailing address, telephone number, telefax number
      and e-mail address. The message should also identify the document
      clearly as either a comment or reply comment. The document itself must
      be sent as a MIME attachment, and must be in a single file in either
      Adobe Portable Document File (PDF) format (preferred), or in Microsoft
      Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
      If by regular mail or hand delivery: Send, to the appropriate
      address listed above, two copies, each on a 3.5-inch write-protected
      diskette, labeled with the name of the person making the submission,
      his or her title and organization. The document itself must be in a
      single file in either Adobe Portable Document File (PDF) format
      (preferred), or in Microsoft Word Version 7.0 or earlier, or in
      WordPerfect Version 7 or earlier.
      Anyone who is unable to submit a comment in electronic form should
      submit an original and fifteen paper copies by hand or by mail to the
      appropriate address listed above. It may not be feasible for the Office
      to place these comments on its website.
      All written comments (in electronic or nonelectronic form) should
      contain the name of the person making the submission, his or her title,
      organization, mailing address, telephone number, telefax number and e-
      mail address.


      Steven E. Ehrbar
    2. Re:Talk on their level by ddstreet · · Score: 2

      While e-mail is okay, snail mail is better, so spend some money on stamps.

      No, snail mail is not better in this case, they specifically said in the link that they are posting all submissions to their website and they really prefer email! If you send snail mail you have to send 15 (that's FIFTEEN) copies and it probably WILL NOT make it to the website, so they are saying PLEASE PLEASE SEND EMAIL NOT SNAIL MAIL!!

      From the link:
      1. Written Comments

      The Copyright Office will be placing all comments and reply comments that are submitted in electronic form on its Website (http:// lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that comments and reply comments be submitted in electronic form, in one of the following formats: If by electronic mail: Send to ``1201@loc.gov' '' a message containing the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address. The message should also identify the document clearly as either a comment or reply comment. The document itself must be sent as a MIME attachment, and must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
      If by regular mail or hand delivery: Send, to the appropriate address listed above, two copies, each on a 3.5-inch write-protected diskette, labeled with the name of the person making the submission, his or her title and organization. The document itself must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect Version 7 or earlier.
      Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.
      All written comments (in electronic or nonelectronic form) should contain the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e- mail address.

  17. In case anyone is wondering.... by Accipiter · · Score: 2
    I wrote a letter to several local TV news stations, as well as newspapers. This letter, as well as the DeCSS source code will be mirrored at the following URL this evening. (Not sure of the time, but the page is done. Just a matter of getting the directory.)

    http://www.hackphreak.org/decss (Note: You'll get a 404 immediately, but it'll be there tonight.)

    -- Give him Head? Be a Beacon?

    --

    -- Give him Head? Be a Beacon?
    (If you can't figure out how to E-Mail me, Don't. :P)

  18. How best to state your case by dark409 · · Score: 4

    I think the best way to state your case here (supporting DVDs or any medium, we'll stick to DVDs for this message) would be to make direct use of the DMCA's wording.

    First, you can attack the "effective" clause. The DMCA only prohibits circumvention of things that "effectively controls access". You can say that the DVD encryption wasn't very effective to start with, though this is not a very strong argument.

    You can encourage them to add DVDs to the exemption list because circumvention is necessary in order to gain fair use priviledges of the copyrighted work without using licensed players. The absolute denial of fair use priviledges without a license (or licensed player) from the DVD consortium should not be supported by law. Nowhere in the DMCA does it restrict fair use priviledges explicitly in this way.

    Note that I am not a legal expert, etc, etc. Please read as much as you can from other posters and the various advocacy howtos to make sure your message is clear and makes a real positive difference.

    1. Re:How best to state your case by Sontas · · Score: 1

      Sorry for the long cut and paste, but these sections seem to be paticularly relevant and could be a good jumping point for formulating one's logic on this:

      17 U.S.C. 1201(a)(1)(C).

      Substantial Effect on Use

      It is clear from the legislative history that a determination to exempt a class of works from the prohibition on circumvention must be based on a determination that the prohibition has a substantial adverse effect on noninfringing use of that particular class of works. The Commerce Committee noted that the rulemaking proceeding is to focus on ``distinct, verifiable, and measurable impacts, and should not be based upon de minimis impacts.'' Commerce Comm. Report, at 37. Similarly, the Manager's Report stated that ``[t]he focus of the rulemaking proceeding
      must remain on whether the prohibition on circumvention of technological protection measures (such as encryption or scrambling) has caused any substantial adverse impact on the ability of users to make non-infringing uses,'' and suggested that ``mere inconveniences, or individual cases * * * do not rise to the level of a substantial adverse impact.''

      House Manager's Report, at 6.

      Causal Connection

      The legislative history also requires the Register and Librarian to disregard any adverse effects that are caused by factors other than the
      prohibition against circumvention. The House Manager's Report is instructive:

      The focus of the rulemaking proceeding must remain on whether the prohibition on circumvention of technological protection measures (such as encryption or scrambling) has caused any substantial adverse impact on the ability of users to make non-infringing uses. Adverse impacts that flow from other sources * * * or that are not clearly attributable to such a prohibition, are
      outside the scope of the rulemaking.

      House Manager's Report, at 6. The House Commerce Committee came to a similar conclusion: ``Adverse impacts that flow from other sources, or that are not clearly attributable to implementation of a technological protection measure, are outside the scope of the rulemaking.'' Commerce Comm. Report, at 37.
      Some technological protection measures may mitigate adverse effects. Along those lines, the Librarian must also seek information about positive impacts of technological access control measures. The House Manager's Report notes that:

      In assessing the impact of the implementation of technological measures, and of the law against their circumvention, the rule-making proceedings should consider the positive as well as the
      adverse effects of these technologies on the availability of copyrighted materials. The technological measures--such as encryption, scrambling, and electronic envelopes--that this bill protects can be deployed, not only to prevent piracy and other economically harmful unauthorized uses of copyrighted materials, but also to support new ways of disseminating copyrighted materials to
      users, and to safeguard the availability of legitimate uses of those materials by individuals.

      House Manager's Report, at 6.
      Another mitigating factor may arise when a work as to which the copyright owner has instituted a technological control is also
      available in formats that are not subject to technological protections. For example, a work may be available in electronic format only in encrypted form, but may also be available in traditional hard copy format which has no such technological restrictions on access. The
      availability without restriction in the latter format may alleviate any adverse effect that would otherwise result from the technological
      controls utilized in the electronic format. The Librarian is to consider the availability of works in such other formats. Id. at 7.
      The requirements that proponents of an exemption demonstrate both causality and substantial adverse effects on noninfringing uses also apply to the determination whether users of works ``are likely to be'' affected adversely in the three years following the conclusion of the
      rulemaking. Proponents who are unable to satisfy those burdens in the current rulemaking will have the opportunity to make their cases in each of the triennial proceedings that will succeed it.




      Obviously CSS infringes on one's ability to exercise fair use of the copyrighted works. Even if CSS is determined to be a copyright protection mechanism for DVD, DVDs should be an example of a class of works exempt from the coverage of the prohibition of circumvention clause in the DMCA. That class of works would be something to the effect of:

      Those works protected via a technological means, such as encryption or digital watermarking, that adversely prohibits fair use actions, such as private performance (playing of the medium's content).

  19. Snail v. electronic by Signal+11 · · Score: 2

    Keep in mind that snail-mailing it to them will be a hundred times more effective than e-mail. It only takes a minute to write a letter in word, print out the envelope, slap a sticker on it, and throw it in the mailbox. PLEASE DO SO. There is a huge gaping distance between the written word and the electronic one - while geeks take e-mail as seriously (sometimes moreso) than realworld, the realworld holds electronic mail in the same regard. Keep this in mind if you're trying to make a difference!

    1. Re:Snail v. electronic by Finni · · Score: 1

      Don't forget, they request 15 copies when sending paper mail.

    2. Re:Snail v. electronic by jareds · · Score: 1

      Remember, they are soliciting serious, intelligent comments. I am sure that a well-written, comprehensive e-mail in the proper format (MIME attachment in PDF, Word 7, or Word Perfect 7) will receive more attention than a one page snail mail rant. In particular, they prefer that snail mail submissions include a file on disk. If you don't include a disk, you must send 15 copies or they will probably ignore you.

      Also, read the whole document before you write your comments! Address the questions they ask in Section 5. Whining about CSS without explaining how it relates to what they are asking will not help anything!

    3. Re:Snail v. electronic by SEE · · Score: 2

      WRONG! Read the fscking link -- they say they PREFER e-mail -- and for snail-mail, you must send them 16 copies of your letter.

      Steven E. Ehrbar

    4. Re:Snail v. electronic by MindStalker · · Score: 2

      Signal 11, usually I agree with your statements, but you should have tried to RTFA this time. They want electronic email (as attachments in word or wordperfect formats) preferably. They even stated that they would prefer snail mail to be in disk form with the documents on that. In case you don't have access to either, they will accept paper, if you make 15 copies. In other words, alot of people are going to be sharing what your write, and they would prefer electronic so it can be passed around easily, this isn't your everyday letter to the editor. This a request for mass comment

    5. Re:Snail v. electronic by Signal+11 · · Score: 1

      Did you try wading through the whole damn thing? I got interrupted 3 times at work trying to read it. Don't be so hard on me, I'm just trying to be helpful - we both know all too well the damage a flame can do for "the cause".

  20. Important submission information by Anonymous Coward · · Score: 1
    If you follow the story link to thomas, it's very important to note that they only want "MIME attachments" in "Adobe PDF (preferred) or MS Word 7".

    They also have very specific instructions regarding providing your name, address, etc.

    Knowing government agencies, there runs a serious risk that our comments could get thrown out unless they are specifically in MIME'd PDF files. Be warned!

    -Matt

  21. Legal stuff... by pb · · Score: 1

    Hopefully this will work out, and they will get some thoughtful comments to chew on. I remember when we were worried about "taxing bandwidth", and I submitted a comment to the FCC... their rules for submitting it were completely draconian! (something about sending them a disk with a wordperfect file so they could post it on the web)

    This page isn't written in English as we know it, (I'm not fluent in Legalese) but at least it looks like they take e-mailed comments. And the bottom of the page is rather interesting too... Hopefully the government is getting a clue.

    [...]
    Dated: November 15, 1999.
    Marybeth Peters,
    Register of Copyrights.
    Approved by:
    James H. Billington,
    The Librarian of Congress.
    [FR Doc. 99-30556 Filed 11-23-99; 8:45 am]
    BILLING CODE 1410-30-P

    HTTP/1.1 200 OK
    Date: Fri, 21 Jan 2000 20:38:35 GMT
    Server: Apache/1.3.9 (Unix) Debian/GNU mod_perl/1.21
    Connection: close
    Content-Type: text/html

    <!DOCTYPE HTML PUBLIC "-//IETF//DTD HTML 2.0//EN">
    <HTML><HEAD>
    <TITLE>200 OK</TITLE>
    </HEAD><BODY>
    <H1>OK</H1>
    The server encountered an internal error or
    misconfiguration and was unable to complete
    your request.<P>
    Please contact the server administrator,
    webmaster@sailor.lib.md.us and inform them of the time the error occurred,
    and anything you might have done that may have
    caused the error.<P>
    More information about this error may be available
    in the server error log.<P>
    </BODY></HTML>

    ---
    pb Reply or e-mail; don't vaguely moderate.

    --
    pb Reply or e-mail; don't vaguely moderate.
    1. Re:Legal stuff... by penguinicide · · Score: 1
      Um, why would a status code of 200 be accompanied by a statement about an internal error?

      Perhaps someone should actually notify the webmaster and let them know. (actually i just did)

      --


      penguinicide... when jumping out a window just won't do.
  22. Floodgates of Hell by Anonymous Coward · · Score: 0

    The Copyright Office has no idea what they've let themselves in for :-).

  23. Please READ the link above ... by FonkiE · · Score: 3

    and don't send plain email. you have to send a pdf file or a word document with sufficient information about yourself.

    please write good,non-flaming,sophisticated comments and stick to the point. (the css case i 'an' example, not more - it's of course a very important one, at least for us.)

  24. Hard copy by LetterJ · · Score: 2

    Remember, just like "A picture is worth a thousand words", a well written letter on high quality paper is worth a thousand stupid emails. Also remember that those who will be writing in on the other side are probably not geeks. Rather they are lawyers and businessfolks: people who are acquainted with coming across as a professional in all communications. As a result you can expect that there will be more than one letter from a lawyer on 100% cotton letterhead, crisp laser printing, civil logical writing showing up at that postal address. Geeks keep screaming that the politians and business people need to play by the Internet rules while on the Internet. Remember that this is going on in the meatspace world of business and law and to get noticed there you have to at least understand their rules.

    LetterJ

    1. Re:Hard copy by SEE · · Score: 2
      Did you actually read the fscking link?

      They intend to post the comments on their web site. To that end, they have said that they PREFER e-mail to hardcopy. To quote:


      1. Written Comments

      The Copyright Office will be placing all comments and reply
      comments that are submitted in electronic form on its Website (http://
      lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that
      comments and reply comments be submitted in electronic form, in one of
      the following formats:
      If by electronic mail: Send to ``1201@loc.gov' '' a message
      containing the name of the person making the submission, his or her
      title, organization, mailing address, telephone number, telefax number
      and e-mail address. The message should also identify the document
      clearly as either a comment or reply comment. The document itself must
      be sent as a MIME attachment, and must be in a single file in either
      Adobe Portable Document File (PDF) format (preferred), or in Microsoft
      Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
      If by regular mail or hand delivery: Send, to the appropriate
      address listed above, two copies, each on a 3.5-inch write-protected
      diskette, labeled with the name of the person making the submission,
      his or her title and organization. The document itself must be in a
      single file in either Adobe Portable Document File (PDF) format
      (preferred), or in Microsoft Word Version 7.0 or earlier, or in
      WordPerfect Version 7 or earlier.
      Anyone who is unable to submit a comment in electronic form should
      submit an original and fifteen paper copies by hand or by mail to the
      appropriate address listed above. It may not be feasible for the Office
      to place these comments on its website.
      All written comments (in electronic or nonelectronic form) should
      contain the name of the person making the submission, his or her title,
      organization, mailing address, telephone number, telefax number and e-
      mail address.

      Steven E. Ehrbar
    2. Re:Hard copy by jareds · · Score: 1

      Please read the document. If you send a e-mail, you must include your comments in a MIME attachement in Adobe PDF, MS Word >= 7.0, or Corel Word Perfect >= 7.0 format. If you send a letter, you must include a disk with your comments in one of those three formats, or fifteen copies of your printed copies. Also, you should address the questions they ask in Section 5.

    3. Re:Hard copy by ronfar · · Score: 1
      Depends on the point you are trying to make here. If the point is political and you believe you are writing to a politically biased body, paper mail is better. It takes up space, it weighs a ton, and it doesn't take "one-click" to delete. (Surprised Amazon hasn't sued over the fact that it takes one click to delete Email.)

      Now, I'm going to go out on a limb here and say that the office we are considering writing to isn't the best place to write to make political comments. I think they are as politically non-biased as any part of the government can be, and I don't think they are planning to ignore well written Emails that bring up good legal points. In this case, I think they really are interested in information and in clarifying their position on the law.

      To summarize, by all means use paper mail when writing to your Senators and congressmen/women. (You are writing to them, I hope?) Because the intern who reads their Emails for them might fail to give them the gist of your Email... especially if it is mixed in with one million other Emails (we can hope). But to write to the Copyright Office, probably follow their rules. I mean, I'd bet that this isn't the first time they've ever asked for comments like this... just the first time they've been posted on Slashdot.

      Note, you do have the option of sending 16 copies of your letter by paper mail, it's within the rules. I just don't think the copyright office is going to be as intimidated by this sort of thing as voter-fearing politicians will be... and I think intimidation isn't really the goal here, anyway.

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  25. key point: this isn't copy protection by TheDullBlade · · Score: 4

    ...so it's not a circumvention of copy protection.

    It serves no use in preventing people from illegally making DVDs, VHS recordings, or other format conversions. The bits can be copied identically onto other DVDs (with the appropriate manufacturing equipment), the video signal from a DVD viewer is sufficient to create production-quality VHS recordings, and one can video capture entire DVD movies with cheap and easily available computer hardware.

    The primary purpose of this encryption was not to prevent copying, but to restrict viewing.

    That means only viewing hardware produced under licence, and only in approved regions.

    This is reverse engineering for the purpose of breaking the monopoly on DVD viewing devices (whether hardware or software). And the act of reverse engineering was done outside the country, so the US legality of whatever was done to produce the this tool is irrelevant, only the legality of its use and distribution.

    --
    /.
    1. Re:key point: this isn't copy protection by ctembreull · · Score: 1
      Thanks for making this point. It dovetails nicely into some thoughts I had a few days ago. I apologize beforehand for the length of this
      post.

      It seems to me that the LiViD project and any similar efforts on other platforms are very similar to the Rio MP3 player and other hardware-based means of playing back copyrighted information. If I remember right, the courts refused to grant an injunction on behalf of the music companies against Diamond, because it could not be proven that the Rio was intended to aid illegal duplication of copyrighted works. And so we now have a plethora of MP3 players on store shelves, and on computers everywhere.

      What, then, if anything at all, makes a Linux-based software DVD playback mechanism any different? Its purpose is *not* duplication,
      but playback. If MP3 is okay, why not DVD?

      The notion of copy protection as applied to digital media seems somewhat absurd, anyway. There are always going to be ways to circumvent it. What, for example, is to prevent me from cabling my Sony DVD player to a computer with a video capture card, and saving everything that comes down that cable as an AVI or something similar? So, fine, I've got a copy of this movie,
      some umpteen gigabytes of video and sound. And I did it legally, unless the DMCA is suddenly going to be applied to Radio Shack or Fry's or anywhere else where I can get those cables.

      (I know this is rambling. Sorry.)

      Here's another thought: Aren't those DVD's licensed for in-home viewing? Unless I'm mistaken, that license does not restrict the method of playback - they only prohibit distribution and public broadcast/display. So,
      the DVD itself, which I own or have rented, is
      mine to play back wherever I wish.

      And right now, we have this antitrust trial going
      on in Washington against a certain Washington-based software company. You might have heard of it. I'm not sure, and I'm not a lawyer, but couldn't the refusal of the DVD Consortium to license playback on Linux-based personal computers (they've licensed it on most other major platforms) be construed as anticompetitive?
      Linux software developers have as much right as
      Apple or Microsoft to publish DVD playback software for their particular operating systems.

      Can you imagine that? The DOJ hauling a whole bunch of consumer-electronics company into court for antitrust violations? Two words: never happen. They still don't care what happens to
      Linux users. So forget about that...

      As I understand the history of DeCSS, didn't one of the publishers of a DVD leave their encryption
      key on the disc? I'm not sure about that, but if
      it's true, how can anyone claim that the creator of DeCSS reverse-engineered anything? After all,
      the DVD disc was his. He was allowed to play it back in his home - the license for DVDs doesn't specify that it *can't* be read by anything but
      a DVD player, does it? - and if he found that key
      lying around through the course of playing back
      the DVD (albeit in a nonstandard way), doesn't that sort of make copy protection null and void? It's like handing a key to your house and your address to some Joe Random on the street.

      I don't know. It seems to me that this whole thing is more of a CYA on the part of the DVD Consortium in general, trying to disguise the fact that they a) blew it and b) wrote a poor
      encryption system.

      I could go on for a lot longer, but I'll leave this here. I'd love to see what the community thinks - it'll clear up my thinking and it just might raise a few new ideas.



      Chris Tembreull
      Web Developer, NEC Systems, Inc.

      My opinions are my own, and nobody else's.

      --

      Chris Tembreull
      "My karma just ran over your dogma."
    2. Re:key point: this isn't copy protection by ctembreull · · Score: 1
      Sorry about the formatting, btw.

      Chris Tembreull
      Web Developer, NEC Systems, Inc.

      My opinions are my own, and nobody else's.

      --

      Chris Tembreull
      "My karma just ran over your dogma."
    3. Re:key point: this isn't copy protection by kvajk · · Score: 1

      Yes, it is copy protection, as well as viewing restriction. It's all that and more. Half the freedom, at twice the cost. What a bargain! :)

      It serves no use in preventing people from illegally making DVDs

      Sure it does. It makes it a big PITA. It makes it unfeasable for your average home user to copy a DVD movie.

      Before anybody talks about "bitwise copies" again, let me point out that your average home user can't do that since the DVD equipment they have won't cooperate.

      And before anybody talks about how it's not economically feasible to burn a DVD, let me point out that to copy the content of a DVD disk does not mean it has to be written back to a DVD disk. Pulling it off of DVD and onto VCD or something is still copying.

      And before anybody talks about how movies are too big for users to swap around on the internet or something, let me remind you that this used to be the case with sound files; bandwidth and storage is always going up.

      Also, the fact that there are other ways this copy-protection could have been circumvented (again, not easily by non-technical people) does not change the fact that it was intended to be copy protection, and LiVid circumvents this copy protection.

      Livid has to; their system was designed such that a free-software solution which honors copy protection is not possible. It's their own damn fault for not putting the copy protection entirely in the hardware.

    4. Re:key point: this isn't copy protection by kvajk · · Score: 1


      > It's their own damn fault for not putting the copy protection entirely in the hardware.

      I forgot to add: copy protection is an absurdly stupid idea, anyhow. As a consumer, I will never buy copy-protected media, ever.

  26. Re:Addresses to send comments to (HOW to send them by ottffssent · · Score: 2
    From http://gpo. sailor.lib.md.us/bin/GPOAccess.cgi?db=1999_registe r&type=TEXT&size=29491&id=3=830942%20294 91%20/diska/wais/data/1999_register/fr24no99.dat.w ais;7=%00; :

    If by electronic mail: Send to ``1201@loc.gov' '' a message containing the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address. The message should also identify the document clearly as either a comment or reply comment. The document itself must be sent as a MIME attachment, and must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.

    If by regular mail or hand delivery: Send, to the appropriate address listed above, two copies, each on a 3.5-inch write-protected diskette, labeled with the name of the person making the submission, his or her title and organization. The document tself must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect Version 7 or earlier.

    Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.

    All written comments (in electronic or nonelectronic form) should contain the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address.



    They don't want plain emails people. If you send comments, please try to put them in the preferred formats. Please try to write concisely and stick to the DMCA topic, not copyrights or DVD in general.
  27. both get there Monday by B4Eddie · · Score: 1

    Snail has the whole week-end to get there by
    Monday or Tueseday. Nobody will read E-mail until
    Monday anyway.



    .

    --

    How many people have to suffer a harsh punishment before "cruel and unusual" returns zero?

  28. Re:electronic comment format -- "Free" Convertor by Anonymous Coward · · Score: 0

    Adobe will convert a PC or MAC word processing file to PDF in exchange for an email address.
    Click Convert to PDF .

  29. My comments by (void*) · · Score: 3
    I am not a US Citizen, so I am not going to submit directly to that email. Nevertheless, I hope that my points will to the more intelligent American Slashdot readers, for them to think and submit if they agree,

    Reverse engineering should be made totally legal. By reverse engineering, I refer to that done in a clean room, out of concern and respect for trade-secret and copyright holders. Whatever it is said, copyright is important, so we should bear in mind not to undermine it. (Subject to the legal restrictions of course. My finger to those who exploit IP/copyrights for their own selfish gain. e.g. Amazon 1-click nonsense).

    Why should this be. Primarily becuase we live in a unfair world, where American businesses dominate a large part of the global economy. I think Americans should look beyond their shores and not see the world as people to exploit, but as partners, where there is great chance for mutual cooperation.

    The point is that DMCA goes both ways. The US should not always assume that they will continue to be dominant players in all sectors of the economy. Neither should they wish to (It is unfair - no nation should have that great a burden to bear. :-) )

    Today, someone in Norway reverse enginneers American technology, producing DeCSS. Someday, the tables are going to reversed. Is the US going to be a hypocritical and laughed at by the rest of the world when it decides to break their own laws?

    Like it or not, the DMCA is going to be piece of international law. It is inevitable as we move towards a global, integrated economy. It is necessary and essential that the US sets a good example now, by upholding the principle of reverse engineering. For the reasons of competition, innovation and interoperability.

    It might be look like that today, industries represented by the MPAA are getting the wrong end of the stick. But things will change. These businesses do not, and will not take the long-sighted view. They are short-sighted. They want to hold on to their dinosaur like hegemony. They want to extend it. The government of the US cannot allow itself to become subservient to these corporations.

    Personally, I have always believed that the greatness of a country is measured by how well it treats firstly, its own people and then next other small countries. Get your act together!

    1. Re:My comments by ThrobbingGristle · · Score: 1

      Today, someone in Norway reverse enginneers American technology, producing DeCSS. Someday, the tables are going to reversed. Is the US going to be a hypocritical and laughed at by the rest of the world when it decides to break their own laws?

      Actually the US violates it's own treaties and international law on a regular basis. The majority (if not all) of the wars the US fights are illegal according to international law, so I would not only be unsurprised if the US demonstrated hypocrasy but I would expect it.

      After all, if another country bombed a pharmaceutical plant on US soil, the president would nuke the offending country into radioactive slag.

  30. Links to published articles by Anonymous Coward · · Score: 0

    http://www.opendvd.org/dvdintpress.html . BTW, are there any articles that talk about being able to copy DVDs without decrypting, or does that speak for itself?

    Can't you in theory also make DVD backups of your VHS tapes under "fair use"?

  31. Simple Letters won't cut it. by ecampbel · · Score: 5

    You must answer some or all of the questions posed in the request for comments for your letter to have any effect. Also, the questions will help focus your letters on the issues that are relevent to this situation. Here are the questions::


    5. Specific Questions

    The Office seeks comment on the following specific questions.
    Persons submitting comments need not address all questions, but are
    encouraged to respond to those as to which they have particular
    knowledge or information. Persons submitting comments are encouraged to
    submit concrete evidence, examples and data supporting their responses
    to these questions. Such submissions will carry greater weight than
    unsupported allegations and predictions.
    In response to each question, persons submitting comments are
    requested to distinguish between (a) their response with respect to the
    current state of affairs, and (b) their response with respect to the
    state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003. For example, in responding to
    Question No. 3, persons submitting comments are requested to state (a)
    what technological measures that effectively control access to
    copyrighted works exist today, and (b) what new technological measures
    that effectively control access to copyrighted works are likely to be
    introduced between October 28, 2000 and October 28, 2003. In discussing
    the state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003, persons submitting comments
    should explain the basis for their projections.

    A. Technological Measures

    1. What technological measures that effectively control access to
    copyrighted works exist today?
    2. Do different technological measures have different effects on
    the ability of users to make noninfringing uses? Can and should the
    Librarian take account of those different effects in determining
    whether to exempt any classes of works from the anticircumvention
    provisions of section 1201? If so, how? In determining what constitutes
    a class of works?

    B. Availability of Works

    3. How has the use of technological measures that effectively
    control access to copyrighted works affected the availability of such
    works to persons who are or desire to be lawful users of such works?
    4. Are there specific works or classes of works that, because of
    the implementation of such technological measures, have become
    unavailable to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works and explain how they have
    become unavailable.
    5. Are there specific works or classes of works which, because of
    the implementation of such technological measures, have become less
    available to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works, explain the ways in which
    they have become less available, and explain whether those works or
    classes of works are also available in other formats to which such
    technological measures have not been applied.
    6. If there are works that are available both in formats to which
    technological measures have been applied and in formats to which
    technological measures have not been applied, to what extent can the
    works in the latter formats substitute for the works in the formats to
    which technological measures have been applied?
    7. Are there works or classes of works that are available only
    electronically and only in formats to which such technological measures
    have been applied? If so, what are they?

    C. Availability of Works for Nonprofit Archival, Preservation, and
    Educational Purposes

    8. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit archival purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    9. Has the use of technological measures that effectively control
    access to copyrighted works created problems with respect to the
    preservation of such works? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them and explain how they have been affected.
    10. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit educational purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    11. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    nonprofit archival, preservation, and/or educational purposes? (E.g.,
    ``new broadcasts'' may not be an exempted class of works, but ``news
    broadcasts used in the course of face-to-face teaching activities of a
    nonprofit educational institution, in a classroom or similar place of
    instruction,'' may be an exempted class.) Explain why or why not.

    D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
    or Research

    12. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in criticism, comment, news

    [[Page 66143]]

    reporting, teaching, scholarship, or research?
    13. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in noninfringing uses of such works,
    including fair use and activities permitted by exemptions prescribed by
    law?
    14. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in criticism,
    comment, news reporting, teaching, scholarship, or research has been
    hindered because of the implementation of such technological measures?
    If so, identify them, explain how such activities have been hindered,
    and explain whether those works or classes of works are also available
    in other formats to which such technological measures have not been
    applied.
    15. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in noninfringing uses
    has been hindered because of the implementation of such technological
    measures? If so, identify them, explain how such activities have been
    hindered, and explain whether those works or classes of works are also
    available in other formats to which such technological measures have
    not been applied.
    16. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    purposes of criticism, comment, news reporting, teaching, scholarship,
    or research? Explain why or why not.
    17. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used in ways
    that do not constitute copyright infringement, e.g., as fair use or in
    a manner permitted by exemptions prescribed by law? Explain why or why
    not.

    E. Effect of Circumvention on the Market for or Value of Copyrighted
    Works

    18. In what ways can technological measures that effectively
    control access to copyrighted works be circumvented? How widespread is
    such circumvention?
    19. Has such circumvention (or the likelihood of circumvention) had
    any impact on the price of copyrighted works? Please explain.
    20. Has such circumvention (or the likelihood of circumvention) had
    any impact on the availability of copyrighted works? In particular
    formats or in all formats? Please explain.
    21. Has such circumvention had any other impact on the marketing of
    copyrighted works? If so, please explain the impact and which works or
    classes of works have been affected.
    22. Do the answers to any of these questions relating to the effect
    of circumvention on the market for or value of copyrighted works depend
    upon the class of work? Please explain.

    F. Other Factors and Questions

    23. For purposes of this rulemaking, what criteria should be used
    in determining what is a ``class'' of copyrighted works?
    24. With respect to any adverse effect on use of or access to
    copyrighted works that has been identified in response to any of the
    preceding questions, is there an explanation for the adverse effect
    other than the presence of technological measures that effectively
    control access to copyrighted works?
    25. Has the use of technological measures that effectively control
    access to copyrighted works resulted in making copyrighted works more
    widely available? Please explain.
    26. Has the use of technological measures that effectively control
    access to copyrighted works resulted in facilitating lawful uses of
    copyrighted works?
    27. Are there other factors that should be taken into account? If
    so, please identify and address those factors.
    28. What other comments, if any, do you have?
    29. Do you wish to testify at a hearing to be conducted by the
    Copyright Office in connection with this rulemaking?

    --

    Sig goes here
    1. Re:Simple Letters won't cut it. by steveha · · Score: 1
      You must answer some or all of the questions

      I have prepared a fill-in-the-blanks file based on the questions. I took the questions, formatted them nicely into paragraphs, and put notes in angle brackets where you should enter text. I made two versions, an RTF file and an HTML file, so no matter what you use you can probably import one of the versions.

      By the way, I used Microsoft Word to prepare these. I formatted the sections and questions with Heading styles, and the answers as Body Text, which means that the Outline view will work; you can browse the document as a collapsable tree. Also, I formatted all the government text with the "no proofing" language attribute, so Word will not put red or green squiggles (i.e. text flagged by the spelling checker or grammar checker) under any of the questions. If you use Word, definitely open the RTF version rather than the HTML version.

      If you use Word 2000 or Word 97, be sure to save with the Save As... command, and choose the "Save as Word 6.0/95" option. They prefer PDF, but Word documents 7.0 or earlier are okay. (Word 7.0 == Word 95, and the document format is identical to Word 6.0.)

      "dcma_cm" == "DCMA comments"

      Here are the URLs:

      ftp://ftp.blarg.net/users/steveha/dcm a_cm.rtf

      ftp://ftp.blarg.net/users/steveha/dc ma_cm.html

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
  32. Not just Linux.... by Anonymous Coward · · Score: 1
    This is as good a place as any for this:

    This right-to-decode-your-dvd issue affects more than Linux. Every operating system can benefit from this. The code will get ported to [Insert Favorite OS here], newer third party apps can be developed for Win(9x,NT,2k). Please express this in your letters. The reader may only know of Linux users as "raging/ranting Zealots" (er.. don't quote me on that...), but know that they want to watch a movie on their own non-supported PC. Put it in terms they can understand.

    Ok, time for me to get off my Milk crate....

  33. Simple Letters won't cut it. Must answer Questions by ecampbel · · Score: 0

    You must answer some or all of the questions posed in the request for comments or your letter will not have any effect. Also, the questions will help focus your letters on the issues that are relevent to this situation. Here are the questions::


    5. Specific Questions

    The Office seeks comment on the following specific questions.
    Persons submitting comments need not address all questions, but are
    encouraged to respond to those as to which they have particular
    knowledge or information. Persons submitting comments are encouraged to
    submit concrete evidence, examples and data supporting their responses
    to these questions. Such submissions will carry greater weight than
    unsupported allegations and predictions.
    In response to each question, persons submitting comments are
    requested to distinguish between (a) their response with respect to the
    current state of affairs, and (b) their response with respect to the
    state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003. For example, in responding to
    Question No. 3, persons submitting comments are requested to state (a)
    what technological measures that effectively control access to
    copyrighted works exist today, and (b) what new technological measures
    that effectively control access to copyrighted works are likely to be
    introduced between October 28, 2000 and October 28, 2003. In discussing
    the state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003, persons submitting comments
    should explain the basis for their projections.

    A. Technological Measures

    1. What technological measures that effectively control access to
    copyrighted works exist today?
    2. Do different technological measures have different effects on
    the ability of users to make noninfringing uses? Can and should the
    Librarian take account of those different effects in determining
    whether to exempt any classes of works from the anticircumvention
    provisions of section 1201? If so, how? In determining what constitutes
    a class of works?

    B. Availability of Works

    3. How has the use of technological measures that effectively
    control access to copyrighted works affected the availability of such
    works to persons who are or desire to be lawful users of such works?
    4. Are there specific works or classes of works that, because of
    the implementation of such technological measures, have become
    unavailable to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works and explain how they have
    become unavailable.
    5. Are there specific works or classes of works which, because of
    the implementation of such technological measures, have become less
    available to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works, explain the ways in which
    they have become less available, and explain whether those works or
    classes of works are also available in other formats to which such
    technological measures have not been applied.
    6. If there are works that are available both in formats to which
    technological measures have been applied and in formats to which
    technological measures have not been applied, to what extent can the
    works in the latter formats substitute for the works in the formats to
    which technological measures have been applied?
    7. Are there works or classes of works that are available only
    electronically and only in formats to which such technological measures
    have been applied? If so, what are they?

    C. Availability of Works for Nonprofit Archival, Preservation, and
    Educational Purposes

    8. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit archival purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    9. Has the use of technological measures that effectively control
    access to copyrighted works created problems with respect to the
    preservation of such works? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them and explain how they have been affected.
    10. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit educational purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    11. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    nonprofit archival, preservation, and/or educational purposes? (E.g.,
    ``new broadcasts'' may not be an exempted class of works, but ``news
    broadcasts used in the course of face-to-face teaching activities of a
    nonprofit educational institution, in a classroom or similar place of
    instruction,'' may be an exempted class.) Explain why or why not.

    D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
    or Research

    12. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in criticism, comment, news

    [[Page 66143]]

    reporting, teaching, scholarship, or research?
    13. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in noninfringing uses of such works,
    including fair use and activities permitted by exemptions prescribed by
    law?
    14. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in criticism,
    comment, news reporting, teaching, scholarship, or research has been
    hindered because of the implementation of such technological measures?
    If so, identify them, explain how such activities have been hindered,
    and explain whether those works or classes of works are also available
    in other formats to which such technological measures have not been
    applied.
    15. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in noninfringing uses
    has been hindered because of the implementation of such technological
    measures? If so, identify them, explain how such activities have been
    hindered, and explain whether those works or classes of works are also
    available in other formats to which such technological measures have
    not been applied.
    16. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    purposes of criticism, comment, news reporting, teaching, scholarship,
    or research? Explain why or why not.
    17. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used in ways
    that do not constitute copyright infringement, e.g., as fair use or in
    a manner permitted by exemptions prescribed by law? Explain why or why
    not.

    E. Effect of Circumvention on the Market for or Value of Copyrighted
    Works

    18. In what ways can technological measures that effectively
    control access to copyrighted works be circumvented? How widespread is
    such circumvention?
    19. Has such circumvention (or the likelihood of circumvention) had
    any impact on the price of copyrighted works? Please explain.
    20. Has such circumvention (or the likelihood of circumvention) had
    any impact on the availability of copyrighted works? In particular
    formats or in all formats? Please explain.
    21. Has such circumvention had any other impact on the marketing of
    copyrighted works? If so, please explain the impact and which works or
    classes of works have been affected.
    22. Do the answers to any of these questions relating to the effect
    of circumvention on the market for or value of copyrighted works depend
    upon the class of work? Please explain.

    F. Other Factors and Questions

    23. For purposes of this rulemaking, what criteria should be used
    in determining what is a ``class'' of copyrighted works?
    24. With respect to any adverse effect on use of or access to
    copyrighted works that has been identified in response to any of the
    preceding questions, is there an explanation for the adverse effect
    other than the presence of technological measures that effectively
    control access to copyrighted works?
    25. Has the use of technological measures that effectively control
    access to copyrighted works resulted in making copyrighted works more
    widely available? Please explain.
    26. Has the use of technological measures that effectively control
    access to copyrighted works resulted in facilitating lawful uses of
    copyrighted works?
    27. Are there other factors that should be taken into account? If
    so, please identify and address those factors.
    28. What other comments, if any, do you have?
    29. Do you wish to testify at a hearing to be conducted by the
    Copyright Office in connection with this rulemaking?

    --

    Sig goes here
  34. The need for an ambassador by Anonymous Coward · · Score: 0
    Open source needs an amassador who could lobby face-to-face for us each time these problems arise. You know for damn sure that the other side has millions of dollars invested in professional lobbyists arguing the other side.

    It is unfortunate that someone otherwise as well qualified as Richard Stallman, is so physically unpresentable. It would be wonderful if he could spruce up his grooming a bit, which would allow him to be taken seriously by Congressional committees and such. Richard has done so much for the free software movement, that it may be unreasonable to ask him to make one more sacrafice. But then, it is sacrafice that separates the truly saintly from the merely good hearted.

    I'm calling upon Richard to make the ultimate sacrafice to cause. I'm calling upon Richard to be our Amassador, and I'm calling upon him to get a makeover.

    1. Re:The need for an ambassador by MadAhab · · Score: 1
      and I'm calling upon him to get a makeover

      ROTF,LMAO. Let's get Stallman on Ricki!!!!

      --
      Expanding a vast wasteland since 1996.
  35. Zone Encoding by Priestess · · Score: 2
    What I wanna know is, have they zone encoded this court case so that I have to wait the usual six fsking months to a year before I get the fun of watching it in the UK?
    Pre.....
  36. Re:No text?! Two birds with one stone? by mwa · · Score: 1
    From the Federal Register Notice of Inquiry:

    Anyone who is unable to submit comments in electronic form (which I assume would include because they would not meet the submission format guidelines) should submit on original and fifteen paper copies by hand or in the mail to the appropriate address.

    So, let's do it their way. Send a long, detailed explanation of reverse engineering, it's role in the promotion of competition, blah, blah all the other points that are truly relevant to the issue. You may also want to include a polite note of apology for not being able to conform to the submission guidelines, but that you have no applications that use those proprietary formats.

    On an added note, summarize this issue and contact your U.S. Senators and Congressmen and ask them if only users of Adobe, Microsoft, or Corel products have an equal voice in government. Explain that it appears the Library of Congress is only interested in comments from large organizations and others that can afford more expensive software. Perhaps they are only looking for comments from those "interested parties" that have property to protect? Send that by snail mail too! Our congressional representatives give slightly more than ZERO weight to e-mail correspondence. For added measure, include your comment to the Library of Congress to your representative.

  37. Things to address in comments by sfbanutt · · Score: 2

    It's important to note that there are a number of specific questions that they are seeking answers to. This includes examples of current technological access control and whether it works or not. This includes the impact of said access control on both content users and providers. A prime example of this could be Macrovision on VHS. It is relatively cheap and easy to circumvent, but almost nobody bothers to do so to copy a video tape.

    The interoperability issue is important here as well, one (or more) of the questions relate to how access control can limit legitimate use of content. DVD CSS is a prime example, you purchased a DVD, you're licensed to view it, but cannot because there is no viewer for the operating system you use. LiVid circumvents the access control technology for the purpose of legitimate use (viewing a DVD). The fact that it can be used for illegitimate uses is irrelevant to the Copyright Office.

    A good strategy for your comments would be to copy the questions from the web site and submit answers to them point by point. These are the questions they want to resolve, those that clearly take the time to study and write clear, concise answers for each will receive more attention than the rambling flamebaiters.

    --
    I've wrestled with reality for 35 years and I'm happy to say, I finally won out - Elwood P. Dowd
  38. Simple Letters won't cut it. by ecampbel · · Score: 1

    You must answer the specific questions posed in the request for comments, or your letter will have no effect. I've copied the questions to this post to facilitate ease of discussion.
    5. Specific Questions

    The Office seeks comment on the following specific questions.
    Persons submitting comments need not address all questions, but are
    encouraged to respond to those as to which they have particular
    knowledge or information. Persons submitting comments are encouraged to
    submit concrete evidence, examples and data supporting their responses
    to these questions. Such submissions will carry greater weight than
    unsupported allegations and predictions.
    In response to each question, persons submitting comments are
    requested to distinguish between (a) their response with respect to the
    current state of affairs, and (b) their response with respect to the
    state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003. For example, in responding to
    Question No. 3, persons submitting comments are requested to state (a)
    what technological measures that effectively control access to
    copyrighted works exist today, and (b) what new technological measures
    that effectively control access to copyrighted works are likely to be
    introduced between October 28, 2000 and October 28, 2003. In discussing
    the state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003, persons submitting comments
    should explain the basis for their projections.

    A. Technological Measures

    1. What technological measures that effectively control access to
    copyrighted works exist today?
    2. Do different technological measures have different effects on
    the ability of users to make noninfringing uses? Can and should the
    Librarian take account of those different effects in determining
    whether to exempt any classes of works from the anticircumvention
    provisions of section 1201? If so, how? In determining what constitutes
    a class of works?

    B. Availability of Works

    3. How has the use of technological measures that effectively
    control access to copyrighted works affected the availability of such
    works to persons who are or desire to be lawful users of such works?
    4. Are there specific works or classes of works that, because of
    the implementation of such technological measures, have become
    unavailable to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works and explain how they have
    become unavailable.
    5. Are there specific works or classes of works which, because of
    the implementation of such technological measures, have become less
    available to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works, explain the ways in which
    they have become less available, and explain whether those works or
    classes of works are also available in other formats to which such
    technological measures have not been applied.
    6. If there are works that are available both in formats to which
    technological measures have been applied and in formats to which
    technological measures have not been applied, to what extent can the
    works in the latter formats substitute for the works in the formats to
    which technological measures have been applied?
    7. Are there works or classes of works that are available only
    electronically and only in formats to which such technological measures
    have been applied? If so, what are they?

    C. Availability of Works for Nonprofit Archival, Preservation, and
    Educational Purposes

    8. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit archival purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    9. Has the use of technological measures that effectively control
    access to copyrighted works created problems with respect to the
    preservation of such works? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them and explain how they have been affected.
    10. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit educational purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    11. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    nonprofit archival, preservation, and/or educational purposes? (E.g.,
    ``new broadcasts'' may not be an exempted class of works, but ``news
    broadcasts used in the course of face-to-face teaching activities of a
    nonprofit educational institution, in a classroom or similar place of
    instruction,'' may be an exempted class.) Explain why or why not.

    D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
    or Research

    12. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in criticism, comment, news

    [[Page 66143]]

    reporting, teaching, scholarship, or research?
    13. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in noninfringing uses of such works,
    including fair use and activities permitted by exemptions prescribed by
    law?
    14. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in criticism,
    comment, news reporting, teaching, scholarship, or research has been
    hindered because of the implementation of such technological measures?
    If so, identify them, explain how such activities have been hindered,
    and explain whether those works or classes of works are also available
    in other formats to which such technological measures have not been
    applied.
    15. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in noninfringing uses
    has been hindered because of the implementation of such technological
    measures? If so, identify them, explain how such activities have been
    hindered, and explain whether those works or classes of works are also
    available in other formats to which such technological measures have
    not been applied.
    16. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    purposes of criticism, comment, news reporting, teaching, scholarship,
    or research? Explain why or why not.
    17. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used in ways
    that do not constitute copyright infringement, e.g., as fair use or in
    a manner permitted by exemptions prescribed by law? Explain why or why
    not.

    E. Effect of Circumvention on the Market for or Value of Copyrighted
    Works

    18. In what ways can technological measures that effectively
    control access to copyrighted works be circumvented? How widespread is
    such circumvention?
    19. Has such circumvention (or the likelihood of circumvention) had
    any impact on the price of copyrighted works? Please explain.
    20. Has such circumvention (or the likelihood of circumvention) had
    any impact on the availability of copyrighted works? In particular
    formats or in all formats? Please explain.
    21. Has such circumvention had any other impact on the marketing of
    copyrighted works? If so, please explain the impact and which works or
    classes of works have been affected.
    22. Do the answers to any of these questions relating to the effect
    of circumvention on the market for or value of copyrighted works depend
    upon the class of work? Please explain.

    F. Other Factors and Questions

    23. For purposes of this rulemaking, what criteria should be used
    in determining what is a ``class'' of copyrighted works?
    24. With respect to any adverse effect on use of or access to
    copyrighted works that has been identified in response to any of the
    preceding questions, is there an explanation for the adverse effect
    other than the presence of technological measures that effectively
    control access to copyrighted works?
    25. Has the use of technological measures that effectively control
    access to copyrighted works resulted in making copyrighted works more
    widely available? Please explain.
    26. Has the use of technological measures that effectively control
    access to copyrighted works resulted in facilitating lawful uses of
    copyrighted works?
    27. Are there other factors that should be taken into account? If
    so, please identify and address those factors.
    28. What other comments, if any, do you have?
    29. Do you wish to testify at a hearing to be conducted by the
    Copyright Office in connection with this rulemaking?

    --

    Sig goes here
  39. Use pdflatex by Greyfox · · Score: 2
    Create a LaTeX document using the letter class (Or lyx/klyx and save as a LaTeX document.) If you have LaTeX on your system, most Linux and TeX dists include pdflatex.

    Say "pdflatex letter.tex"

    You should get a letter.pdf. You can verify it's readible with gv/gs (Assuming you have the Alladin GS that can read PDF files) or acroread (Assuming you have a libc5 system or the libc5 compatability libraries.)

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  40. Question for non-Americans by Le+douanier · · Score: 2


    Well, I think this is a good opportunities to express yourself and your position (and please DON'T FLAME, this would be worse than a suicide because you would cause harm to every consumer) but I am an European and I would like to know if they would accept letters from us non-American.

    I ask that because they say "This notice requests written comments from all interested parties" and given that America has a distasteful habit to put pressure on other countries to adopt their ways (like the software patent stuff) I feel myself concerned with the outcome of all this.

    Do you think I should send them a letter and specifiy clearly that I a not a citizen of the US of A???

    On the same subject, if you are not American I don't think this would be a good idea to mess things up by posturing AS an American, this would be as bad (if not worse) as flaming them.

    --
    "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
    1. Re:Question for non-Americans by GlennC · · Score: 1

      Since they make it a point to ask for "the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address" (taken straight from the gov't site), I'd say that it doesn't matter if you're an American citizen or not. In fact, well-written responses from outside the United States would probably be most helpuful.

      --
      Go on, citizen, stamp the vote card. R or D, your choice.
  41. He must be right by Anonymous Coward · · Score: 0

    about them moderators

  42. ridiculous by Anonymous Coward · · Score: 0

    The government is not equiped or empowered to second-guess the intent of a computer programmer when he/she analyzes computer media or reverse engineers the software on it. Doing so places censorship authority in the hands of people who are not recognized as being best able to understand the technology research they are stopping. Taking on this responsibility also puts an unreasonable burden on the government: Imagine the federal government getting involved because someone reversed engineered the ingredients of McDonald's special sauce. (Why hasn't the government gotten involved in that?) If the government makes itself a tool of business that they can use in place of creative engineering to reduce unwanted reading of their media, then those businesses will invest in legal departments instead of engineering departments. Government should punish those who break the laws, not those who make tools that lawbreakers might also use. Is the government going to start arresting the CEOs of gun manufacturers and the foremen in knife factories? What about arresting the CEO of Xerrox because we can use his machines to illegally copy copywrited material? That would be ridiculous. ideas@room4me.com

    1. Re:ridiculous by ronfar · · Score: 1
      Is the government going to start arresting the CEOs of gun manufacturers and the foremen in knife factories?
      Well, maybe not arresting but they sure do like to sue manufacturers of guns. Of course, that's mostly city governments. The government will do anything that they think they can get away with politically... the only antidote is to show they that they won't get away with it politically and they'll be out of work when the next election comes if they continue to endorse stupid policies...
      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  43. Use the Source by Jeffrey+Baker · · Score: 2
    Try this with free software:
    1. Download LyX
    2. Use the "letter" template to write your letter
    3. Export to postscript
    4. use ps2pdf to create a PDF file
    5. Send it to the LOC.
    Alternately, you could print it out from the PS and wow everybody with the awesome typesetting quality of TeX.

    Glad to be of service,
    jwb

  44. Re: Platform independence and closed source by Bluedove · · Score: 1
    and don't send plain email. you have to send a pdf file or a word document with sufficient information about yourself.

    What i find interesting about this is the choice of required submission file formats. Although i believe that adobe is available for *nix, word perfect or microsoft word is certainly showing an OS preference, which started this mess in the first place! (and yes, i know about StarOffice)

    It would have been nice and neutral to allow submissions in plain text (why don't they *always* ask for that!?!), postscript, or even HTML!

    Even if we ignore the platform independence thoughts, all the formats in which they want to receive the information are closed source!

    I think the ideals of this case need to be explained more fully to the court.

  45. OSS Screwed by Anonymous Coward · · Score: 0

    It's looking bad for Linux. I could care less about DECSS if it stops the movie houses from creating quality DVD's. I don't care who makes it or how much it costs, I care about the quality of the movie. Shit on Linux if it stops people from making good movies on DVD.

    1. Re:OSS Screwed by Anonymous Coward · · Score: 1

      > Shit on Linux if it stops people from making good movies on DVD.

      And next year, when the movie industry decides to come out with "DVD-2", all of your old movies will be worthless. You'll need a new DVD player to work with your new digital TV, and it will not play your old DVDs. In fact, nothing will, because it is illegal to make a player that can.

      So you get to go out and buy all the movies you've bought all over again.

      Because you supported closed standards, you screwed yourself.

    2. Re:OSS Screwed by Anonymous Coward · · Score: 0

      Actually, DVD-2 will happen because the DVD consortium won't be able to get any of the major studios to release any new content on the now-compromised DVD format. Because a small group of hackers took it upon themselves to break the protection, everyone will get to go out and buy their movies all over again.

      Because a few of you opposed closed standards, you've screwed anybody who bought DVD hardware. Maybe if we're lucky they will thank you for it in some meaningful way. I'm thinking stuff like broken windows on cars with Linux bumper stickers... broken noses on radical dudes wearing Linux t-shirts. Stuff like that.

    3. Re:OSS Screwed by ronfar · · Score: 2
      Laugh...

      Oh God! This is funny! I've never read a more blatant (and stupid troll).

      You think the commercial piracy operations in Thailand, China, Russia and other countries haven't been working on decrypting the pathetic 40-bit encryption for the day when they won't be able to sell videotape through their channels? You think they don't have access to anyone who has a good hacking mind and who they can pay a really good salary?

      Oh, incidentally, the point of eliminating fair use, controlling the players, etc. is because they could care less about your DVD collection. They want you to have to buy the same content again... and again and again and again and again. And if they eliminate the idea that you actually own the DVD you bought and have a right to view its content, then they'll be able to do just that.

      Oh, and don't assume that every radical dude wearing a Linux T-Shirt is unarmed and hasn't spent time at a firing range... you might be unpleasantly surprised. (At least you won't look stupid by posting poorly written trolls to Slashdot... ever again.)

      You know, you lawyers for the DVD CCA are getting really desperate...

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  46. Important quotes from their request for comments by Kakurenbo+Shogun · · Score: 1
    Here are a few quotes from their document:

    1. They prefer electronic form
    The Copyright Office will be placing all comments and reply comments that are submitted in electronic form on its Website (http://lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that comments and reply comments be submitted in electronic form, in one of the following formats...

    Plus, as you can see by the quote below, your comments are more likely to get posted to their web site if you submit them electronically.

    2. If you send it via snail mail...
    Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.

    Yep, 15 copies. You'd probably better do this unless you want somebody who doesn't feel like making copies h(im|er)self to set your comments aside and forget about them.

    --
    Convert RSS to HTML - integrate webfeeds into your website
  47. This is a terrible example by Anomalous+Canard · · Score: 1

    Automobiles are not subject to copy protection. The DCMA will not prohibit reverse engineering of any automobile or other nuts and bolts product. I will write a letter tonight. I will politely state that I own a computer system that runs the Linux operating system and that I wish to play legitimately purchased DVDs on my computer system. The techonological protection section of the DCMA prevents me from doing so and prevents the programmers who have been writing such software from doing so unless an exemption is granted for personal use of DVD media under alternate operating systems.
    Anomalous: inconsistent with or deviating from what is usual, normal, or expected

    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
    1. Re:This is a terrible example by meloneg · · Score: 1
      Automobiles are not subject to copy protection. The DCMA will not prohibit reverse engineering of any automobile or other nuts and bolts product.

      Actually, the auto manufacturers have invented systems that could be considered copy-protection on their intellectual property. Proprietary screwheads, one-way bolt heads, various wiring shrinkwrap mechanisms, the 'computer' in any modern car. I'm sure there are other examples. The real point here is that broadly worded legislation can be manipulated to apply to a lot of things which are quite unrelated to the original intent. Bringing this to the attention of those who do such interpreting sounds like a good thing.

      BTW, the argument that copy-protection fuels a monopoly on the player devices is good, as well.

    2. Re:This is a terrible example by Anonymous Coward · · Score: 0

      Proprietary screwheads, one-way bolt heads, various wiring shrinkwrap mechanisms

      Sounds like a Compaq.

    3. Re:This is a terrible example by Anonymous Coward · · Score: 0

      Doesn't everybody "upgrade" any Compaq they come into contact with to standard phillips-head hardware? I know I do.

    4. Re:This is a terrible example by Anomalous+Canard · · Score: 1

      Actually, the auto manufacturers have invented systems that could be considered copy-protection on their intellectual property. Bullshit. There is no copyright issue there. Concentrate on the problems we face today, not imaginary ones from your paranoid dreams.
      Anomalous: inconsistent with or deviating from what is usual, normal, or expected

      --
      Anomalous: deviating from what is usual, normal, or expected
      Canard: a false or unfounded repor
  48. Reverse engineering by Hard_Code · · Score: 2

    How is this DeCSS different from any number of prior /LEGAL/ reverse engineering attempts?

    Well, for one they are giving away the product of their reverse engineering...Reverse engineering has a precedent...but giving it away doesn't

    should it matter?

    Jazilla.org - the Java Mozilla

    --

    It's 10 PM. Do you know if you're un-American?
    1. Re:Reverse engineering by LocalH · · Score: 1

      How is this DeCSS different from any number of prior /LEGAL/ reverse engineering attempts?

      Well, for one they are giving away the product of their reverse engineering...Reverse engineering has a precedent...but giving the results away might not

      should it matter?

      IANAL, but I don't see how it should. To use another 'illegal'* activity that involves reverse engineering, emulators have been found to be legal in court. I agree it's a grey area, but look at Apple Computer vs. Readysoft (c. 1989) and see that emulators in their own right have been found legal.

      Moderate me down if you really have to. :)


      * Illegal meaning the way the GameCorps© view it
      _______
      Scott Jones
      Newscast Director / ABC19 WKPT
      Game Show Fan / C64 Coder

      --
      FC Closer
  49. Reverse engineering by Hard_Code · · Score: 3

    How is this DeCSS different from any number of prior /LEGAL/ reverse engineering attempts?

    Well, for one they are giving away the product of their reverse engineering...Reverse engineering has a precedent...but giving the results away might not

    should it matter?

    Jazilla.org - the Java Mozilla

    --

    It's 10 PM. Do you know if you're un-American?
  50. Software is like a book by zCyl · · Score: 2

    Software is very similar to a book, and the copyright laws have long been established in an acceptable manner regarding books. Software is just a list of instructions, like a book is a list of words. You read a book by examining the words in order, just as you use software by examining the words in order. I know a blind girl who puts her textbooks on a scanner so that her computer can read them out loud to her. In the same manner, a computer reads the instructions in software and performs a task. Saying that people cannot reverse engineer software is like saying that only computers have the right to read books.

    I suggest using an analogy similar to this in your letters.

  51. Just some thoughts by ch-chuck · · Score: 2

    this is fascinating - what this whole bruhaha seems to be about is generating a new revenue stream, not only from the media, but from the PLAYBACK device as well - like has been said, it's not about copying, but under the guise of restricting access, they claim the right to charge yet another fee - whether paying for a license to the media AS WELL AS paying for a license for something to view the media with will stand up in court, that's the 64 billion $$ question. Maybe these guys are also salivating over M$'s billions, where youse pays for the server, you pays for the client, and then you pays once again for the client to access the server. The more you pay, the better it is! Put another nickle in...

    The Scarlet Pimpernel

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  52. Constitutionality of the DMCA? by Neil+Rubin · · Score: 1
    It seems to me that the U.S. Constitution requires a broad reading of the exemptions in the DMCA.

    Why?

    If it was Congress's intent to ban software like the LiViD project, then they would be effectively granting the members of the DVD CCA a permanent copyright on the material on the DVD. That is, Congress would be making it permanently illegal to copy the contents of the DVD in any manner not approved by the DVD CCA, simply by virtue of the fact that technical means had been used in an attempt to prevent such copying.

    Congress does not have the power to grant permanent copyright! Article I, section 7, grants it the power

    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
    (emphasis mine) Thus, if Congress had intended to make a program like the LiViD project illegal dispite its legitimate uses, the DMCA would be unconstitutional!

    What do you all think of this argument?

    1. Re:Constitutionality of the DMCA? by mcc · · Score: 1

      you could also do quite a bit with the "promote the Progress of Science and useful Arts" in your quote. Preventing the distribution of instructions on how to go about performing a process doesn't seem to help "progress" in any way. Remember: patents illegalize the unauthorized performance of a process, but do as much as possible to spread information about how those processes are performed.

      besides this, keep in mind the ever-present first amendment concerns. DeCSS is, in the end, not so much important as a tool as it is instructions on how to perform a task. This is why it is always mirrored as source code, not a binary. Source code is more or less speech, and what court cases that have ended in rulings on this subject [export of encryption software source code] has supported the idea that C++ is a language by humans for humans and therefore has freedom of speech, even if what is said in that language is describing a process that a large corporation or government doesn't want you to know how to do. Meanwhile the freedom-of-speech implications of limiting linking to the DeCSS code are horrifying. In this case the DVD forum seems to be preventing not just distributing information on how to perform a process, but simply distributing information on where such information can be located.

  53. Do your homework by copito · · Score: 2

    The Library of Congress is empowered to study only particular aspects of the affects of 1201(a)(1). This is not a forum to attack other bad aspects of the copyright law, such as the length of copyrights, and it emphasises actual and expected harms to yourself. The form of submission and the exact questions are explictly laid out in the RFC

    Other resources you might want to consult are. The text of the DMCA itself. Relavent sections are 1201(a)(1) (the section under review),and sections 1201 (c),(d),(e),(f),(g),(h),(i),(j) (exceptions to the section under review).

    As the questions in the RFC make clear. Personal experience as a copyright producer, distributor, or consumer is the most valuable. Actual harms, such as not being able to view a DVD under your chosen operating system are valid are probably the most persuasive. Try to come up with monetary costs of compliance. Like "it would cost me $100 for Windows + $50 worth of harddrive space + $X for a DVD viewing program to view my legal DVD's on my computer without using a program contravened by 1201(a)(1)". Note that inconvenience in and of itself is not at issue.

    Use as many other examples as you can think of, variety is the spice of life. Security information is another major issue. Notwithstanding the relief granted by 1201(j), 1201(a)(1) seem to prohibit sites like rootshell and bugtraq which may not be able to freely post reverse engineered security information because it facilitates infringment.
    --
    --
    "L'IT c'est moi!"
  54. createpdf.adobe.com by [Xorian] · · Score: 1
    and don't send plain email. you have to send a pdf file or a word document

    For those of you without a copy of Word or WordPerfect handy (which I suspect may be a lot of us *nix users), it seems that Adobe has a free service which will turn any file into a PDF and e-mail it to you. You get 10 conversions per e-mail address you register with them. It accepts text and HTML uploads, and the output from an HTML file is pretty reasonable. (I had some trouble with a file with links in it though, so you might want to get rid of any before using this.)

    --
    CVS is teh suck. Use Vesta instead.
  55. Let's kill two birds with one egg by morkeld · · Score: 1

    From what I've read it appears that if anyone attempts to reverse engineer what I've stored using a copyrighted technique then this action is considered illegal and is punishable with powerful action. I've been browsing through Knuth's Art of Computer Programming vol III and I read of an early sorting program whose sole purpose was to produce optimized copyrighted sorting programs --- an automatic copyrighted code generator. So, here is what I'm thinking:

    We create a similar product which creates copyrighted encryption programs. We then use these copyrighted encryption programs to talk about whatever we damn well please. If our communcations are intercepted and decrypted we cite the DMCA and use it against whoever decrypted our message. These programs don't have to be snazzy encryption products, they could and should fit within what is exportable by law. This way, we can use the power of the DMCA to protect our secrets.

  56. Laws and software and such by jjoyce · · Score: 1
    What's even scarier to me is that, yeah, we have to buy a licensed player, but it's a one time fee. For now. Consider what would happen if the DVD consortium realized what the UCITA would do for them. And if the UCITA got passed...

    Mankind has always dreamed of destroying the sun.

  57. so? by mcc · · Score: 2

    either way, there's a chance that any comments getting posted on a government website are going to be read by some people outside of slashdot (read: people who don't already approve of or don't already understand decss).

    anything that increases public awareness of what the DVD forum is doing to restrict freedom of information is good. public opinion _does_ affect both court and law.

  58. Reverse Engineering created the PC industry by jmvidal · · Score: 1

    We all remember the story of how a few Texas Instruments engineers went into a "clean room" and reversed engineered the IBM BIOS, which allowed them to produce their own PCs, start a small company called Compaq, and create the biggest industry of the century. (documented in, for example, "Accidental Empires").

    If a law had prevented them from using what they had learned in the clean room to produce their own BIOS chips then we would not the vibrant PC industry that we have today.

  59. Have people subscribe to a foreign mailing list! by Anonymous Coward · · Score: 0

    If I search a foreign Web search site for DECSS instead of a US one I can get a reference to the DECSS software. Then I can go to that site and subscribe to the email notification mailing list. It will then automatically send me notification of DECSS upgrades and foreign web links - one at a time randomly - on a periodic basis. Then I'll know where to go to get the s/w. This will eliminate anyone here in the US getting into trouble by posting a Web link to overseas locations by an indirect method. Ha! Ha1 RIAA

  60. Access to copyrighted work by CaptainCarrot · · Score: 3
    I am reminded of a recent "Ask /." discussion about whether techies understand legal issues as poorly as lawmakers understand technical issues. One advantage techies have in understanding the law is that all terms that are not standard legalese must be explicitly defined (declared?) at some point in the statute. My interest is particularly aroused by this bit:
    (B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
    Here, the lawmakers have attempted to generically describe encryption or copy-protection schemes without actually mentioning any such scheme explicitly. I suppose this might be done so that future schemes currently not foreseen by the current state of the art may also be covered by the law. But haven't they shot themselves in the foot here? All digitally encoded information, be it music on a CD or a movie on a DVD, requires "the application of information, or a process or a treatment" in order to present the information to the user in its intended form. Presumably when one slips, say, a CD into the stereo one is initiating the decoding of the digital information sitting on it with the authority of the copyright holder. (They do want you to play the music, right?) To extract the information, i.e. play the CD, in a manner not authorized by the copyright holder - such as using it in a public performance without payment of suitable royalties - is already illegal by existing copyright law.

    Copy-protection schemes merely add another level of encoding to the information, requiring different information to be applied in order to extract it, but not differing qualitatively in that the information needs to be decoded regardless. So as far as I can see, this section of the code adds no protections whatsoever to copy-protected or encrypted information.

    But in order for the lawyers to see that, they have to be able to understand how the law as phrased relates to the processes they are regulating. It's clear to me that they do not.

    --
    And the brethren went away edified.
  61. Re:Simple Letters won't cut it. Must answer Questi by Anonymous Coward · · Score: 0
    2. Do different technological measures have different effects on the ability of users to make noninfringing uses?
    ...
    3. How has the use of technological measures that effectively control access to copyrighted works affected the availability of such works to persons who are or desire to be lawful users of such works?

    I think there are some pretty obvious answers to those questions...

  62. sounds fishy.... by Anonymous Coward · · Score: 1
    After reading the CO's letter, I noticed that page 66141 has a problem:
    During the 2-year period described in subparagraph(A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding on the record for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works.
    Why would the Assistant Secretary for Communications and Information of the Department of Commerce need to be involved? She (Elizabeth Wagner) has played a not-so-trivial behind the scenes role in both the recent bad press associated with 2600 over the DeCSS issue and the not so well publicized civil suit against various programmers for "violations" of the Digital Millennium Copyright Act.

    As usual, what appears to be a good step taken by the govt. turns out to be more sinister than imagined.
    -----Charlie Benante
    1. Re:sounds fishy.... by Anonymous Coward · · Score: 0

      i, for one, find it rather fishy that the links in the above comment both point to pr0n sites. those of you reading at work be warned...

  63. Modularize the code... by Anonymous Coward · · Score: 0
    I've looked at the code, and it is pretty short and simple, but it is still a bit big to be able to effectively mass distribute.

    What needs to be done is to abstract away the parts of the code that are legal, until you have a small core that is the illegal stuff. Basically, make some general purpose utilities that do most of the work, and then all you need is the "illegal" key or a small bit of code to make it work. Make sure the tools really are general purpose, and make sure they get used for other purposes, though.

    Then, all you have to do is have people distribute the illegal bit in sigfiles, spam, macro viruses, TShirts, etc.

    1. Re:Modularize the code... by Anonymous Coward · · Score: 1

      That wouldn't work, since the MPAA consider any works to be derrived from the work done by the Norwegian programmer. Basically, you'd have to have the module *and* prove that it wasn't derrived -- and even then they'd probably still come after anyone posting the code.

      ...yet, the code broken into two or three pieces might pass muster. Why prosecute someone who has only part of the code -- leaving it as an exercise for the visitor on how to find the rest of it?

    2. Re:Modularize the code... by Anonymous Coward · · Score: 0
      I'm talking about building some sort of interpretted language for processing binary byte streams. It would have built-in support for moving bits around within a byte and bytes around within a dword, as well as other handy things. The language would be a sort of 'tr' on steroids and would be very useful for all sorts of encryption and decryption tasks as well as other binary file conversions. Then, the decrypt code could be written in this more appropriate language.

      This new language could even be done in a cleanroom way, with one group of people writing up a wish-list for the functionality of the language based on the current decrypt code, and another group implementing the language without ever seeing the decrypt code.

      I could imagine other uses for the language, like coding up small encryption/decryption algorithms and swapping between them (you'd have to coordinate with whoever you are communicating with, though).

  64. If only I had moderator points... by Zinho · · Score: 1

    ecampbel's _Simple Letters won't cut it_ is perhaps the most important post I've seen on this thread. To have an effect on their decision making process, we need to answer the questions they're asking and address the issues they are examining. If my reading of their document is correct, informed and autoritative letters will hold much more weight on their decision than a mass of knee-jerk activist-type responses.

    I hope high-profile autorities in the Linux community will respond to their request.

    Don't get me wrong, I'm going to write in, too, even though I'm in no way autoritative or high-profile. On the other hand, I'll be writing with a copy of the request document in hand.

    "Space exploration is not endless circles in low-earth orbit." -Buzz Aldarin

    --
    "Space Exploration is not endless circles in low earth orbit." -Buzz Aldrin
  65. Real Mail Not E Mail by Anonymous Coward · · Score: 0

    Real mail takes up space and gets attention.

    Ever see a news story about stacks of email? Probably not.

    But, stacks of real mail looks great on the evening news.

    Dust off those pens!

  66. Re: Platform independence and closed source by FigWig · · Score: 1

    PDF is about as open a standard as you can get. There are a bunch of FREE & OPEN utils for *nix that allow creation of PDFs. Also the complete PDF file format is documented on Adobe's web site.

    Remember, postscript was invented by Adobe also, yet it is pretty damn open and standard.

    --
    Scuttlemonkey is a troll
  67. improving and elaborating this analogy by KahunaBurger · · Score: 1
    I think I see what you're saying, but you need to spell it out a little more. I think you are refering to the encoded information on the DVD itself as the software. While that may be accurate, most people are going to read "software" as the deincryption code and be very confused. I would refer to the DVD as an information medium, just like a book. If you own or rent a dvd, you own or rent the right to look at that information, just like if you buy a book. However, copyright prevents you from copying that information.

    I think the example of your blind friend is great, but it also needs to be elaborated. The same scanner and OCR software that she uses to have the computer read to her (proper use of the information) could also be used to put the book up on a public webpage (illegal use of the info.) In the same way, the same code that they are saying can only be used to copy and sell pirate DVDs (illegal use) can be used to veiw the info you legally own (proper use.)

    At my college I knew plenty of people who would have loved it if someone with a good scanner and ORC software had bought some of the $100 wafer thin comp sci textbooks and put them up on a public web page. Its an obvious and illegal use of the software. But people understand that that software (and scanners and photocopiers) have enough legitamate uses that you can't rule the device itself illegal. This point must be made about the DVD deencyption code as well.

    I'm not saying that distinction will be easy to make. I had an incredibly unproductive conversation with the tech writer of my local paper on this issue after the first article on this subject and since I hadn't thought of any good analogies in advance, I couldn't get him to understand what I was saying. You need to be very coherent and simple in your retoric to get this to a non techie.

    -Kahuna Burger

    PS, I did know someone in college who had access to a department photocopier and just bought the book, copied it and returned it for a full refund. Illegal as hell, but if the bookstore found out they would have blamed him, not the existance of photocopiers.

    --
    ...will work for Chick tracts...
  68. Just got 3 pirates DVDs for USD10 each... by Anonymous Coward · · Score: 0

    Just to let you know that I just got 3 pirates DVD with chineese subtitles for USD10 Each...

    The DVDs are not regionally coded and includes thing like James Bond Tomorrow Never Dies.

    It seems they redid themselves the DVDs from analgous source. Some quality is ok some quality is bad..

    Some you can remove the chinese subtitles...

    So DeCSS or not, DVD pirates existed before...

    FM/FJ

  69. HOW TO MAKE PDF FILES WITH LaTeX (in brief) by fusiongyro · · Score: 2

    If you're a linux user, you've probably already got this program installed. To begin, open a text editor and begin with these lines:

    \documentclass{article}
    \title{*YOUR TITLE HERE*}
    \author{*YOUR NAME HERE*}
    \begin{document}
    \maketitle


    Then, you can go ahead and type your comments; remember LaTeX ignores spacing between words and sentances, it modifies the spacing to format the document better. % and $ need to be escaped with \, and when you are done with the document, end it with this line:

    \end{document}

    That's the whole banana. Now run latex *filename.tex and then dvips *filename*.dvi -o *filename*.ps and then ps2pdf *filename.ps* *filename.pdf* to get a PDF file. If you want to do it in a slightly more complicated way, you can add \usepackage{hyperref} right between \documentclass{article} and \title{*title*} and then run pdflatex *filename*.tex to get a better PDF file out.

    Better introductions are available on the net, as are good books and good help.

    Daniel

  70. Another comments by Hoo00 · · Score: 1

    I am also an alien, not the one from outer space but the one from another country. So, here is my 3 cents for the internet communities in US:

    One major goal of DMCA is to protect many intellectual properties. That is great. However, the provisions against circumventing copy-protection technologies is not fair. Circumventing copy-protection technologies is itself an intellectual work and should be protected under the title. On the other hand, unless the copy-protection technologies are protected by patents or this title, they do not deserve to be protected as such. Some uses of circumventing copy-protection technologies besides to provide interoperability are to improvement performance and burden created by the slow and huge protection mechanisms or to simply detect malfunction copy-protection mechanism that may be used to expose the end user's privacy or any other rights of the end user. This may create a problem because there isn't (not sure) any provision that control the use of copy-protection technologies. (pause, hey /.! Is there anything in US law that control copy-protection technologies for copyrighted work? "Copy-protection technologies" here means a mechanism that prevent copying copyright work which may be an application of any encryption technology, but may be NOT! This term is referred to as the copyright protection systems under title 17 sec.1201. Anyway, I hope that you get my point.)

  71. Re: Platform independence and closed source by Anonymous Coward · · Score: 0

    Doesn't surprise me. The IRS had their tax forms available in postscript form on their website, but they were self extracting executables. So much for Macintosh and UNIX users.

  72. View other people's comments to get ideas by UltraOne · · Score: 1

    According to the request for comments, electronically submitted comments will be posted on a web page. I have just checked the page and so far no comments have been put up, but in the future it might be a good source for ideas.

  73. my letter says: by dgoodman · · Score: 4
    here is verbatim (minus the personal info, which if you really want it, can be dug up from the loc.gov site when they post my letter...) my letter to the loc, for your perusal, and for you to steal ideas from. comments on what i sent would be cool, too: although if there's something wrong with it...well, its already been sent. heh.

    ------------------>8 cut here---------------------

    21 January 2000

    A Comment.

    Librarian: I seek to comment on questions 3, 4, 18, 21 and 22 posed in DOCID:fr24no99-23, "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" with regard specifically to the class of copyrighted works known as DVD (Digital Versatile Disk).

    DVD's are a popular new format for the distribution and playback of motion pictures. The DVD format is controlled by a standards organization known as the DVD Consortium. To ensure and safeguard against unlawful duplication, the content has been encrypted; only a DVD player (a console unit or computer software) authorized by the DVD consortium is allowed access to a decryption key. This key is necessary for playback.

    Computer software for the playback of DVDs is widespread and common for both Apple Macintosh computers and PC's running Microsoft Windows. However, there is currently no software for several other PC based operating systems: Linux, BSD, Solaris, OS/2, and several others, nor do any companies with a license from the DVD Consortium have any plans for creating such software. Thus, there is a significant population of computer users who cannot lawfully use DVD technology, namely those running Linux, BSD, Solaris, OS/2 or any other non-Microsoft Windows operating system.

    It is my opinion that those who reverse engineer DVD encryption systems to ensure interoperability of DVD products on officially unsupported platforms should be exempt from the clauses in the DMCA prohibiting circumvention of access control technologies. I have in mind, of course, the authors of deCSS, software designed to defeat DVD encryption, and the LiViD project, a group working on creating a DVD player for Linux (which relies on deCSS, and is intended for legal viewing of properly acquired DVDs).

    This leads into question number eighteen, twenty-one and twenty-two: with the widespread availability of deCSS, nearly anyone with a computer and some knowledge of computer programming may decode a DVD. To this point DVD encryption has been very weak; this of course facilitated its circumvention. Even if it had been strong, though, it would have been circumvented eventually: no security is perfect. Suppose, for example, that DVDs have been given newer, incredibly strong encryption technologies that ensured only licensed players could decrypt a DVD: it could still be circumvented by merely tapping the cable that connected a player to a television: this signal could be captured and recorded onto another format. Take also into account that most motion pictures are released onto VHS tapes: this format has no built in security at all, yet motion picture producers still use the format widely, because it is popular. Thus, even if copying DVDs becomes widespread, I dare opine that sales of motion pictures in any format will not be harmed.

    Thus, I posit for your consideration, that access control technologies are in the end potentially harmful to consumers, as it can, under certain (and not uncommon) circumstances limit availability of copyrighted works to those who wish to lawfully obtain them, as evidenced by the problems with DVDs. Further, I posit that a lack of access control technology has not hurt copyright holders in the past: if illegal copying of VHS cassettes or CD audio disks had been widespread enough to cut deeply into their sales, entertainment companies would have dropped the format for something different: neither VHS nor CD format have been dropped, nor are there publicly available plans to do so in the foreseeable future. Therefore, I further argue that any circumvention of access control technology does not and cannot harm producers of copyrighted content; further, I conclude that the availability of access control circumvention is a boon to the consumer, allowing for greater choice of formats and an insurance that any given format will be interoperable with any and all hardware and software that are capable of interoperating with said format.

    -------------->8 cut here-----------------

    1. Re:my letter says: by StenD · · Score: 2

      DVD's are a popular new format for the distribution and playback of motion pictures. The DVD format is controlled by a standards organization known as the DVD Consortium. To ensure and safeguard against unlawful duplication, the content has been encrypted;

      And you were doing so good there. ;( You chouldn't have perpetuated the myth of the DVD Consortium, that encrypting the content prevents the encrypted content from being duplicated. The encrypted content can be copied to your heart's content (if you have the necessary equipment to burn DVDs, or if you have a massive amount of disk space). What encrypting the content, and attacking anyone who defeats the encryption, protects is the cartel of DVD player manufacturers, and the fees they can charge anyone who wishes to join the cartel.

    2. Re:my letter says: by dgoodman · · Score: 1

      oops! i missed that bit...you are very right! but, on the other hand...will the librarian notice that? i address your point further on down in the letter anyway, to bring appropriate attention to the ease of duplication of a DVD anyway...

  74. Just like Southpark: "I AM ABOVE THE LAW" by nathanh · · Score: 3

    yes, you wrote the software all by yourself
    (but we'll say you stole trade secrets)

    yes, you did it without signing an NDA
    (but we'll say the shrinkwrap license counted)

    yes, you did it without stealing code
    (but we'll say you illegally reverse engineered it)

    yes, you did all this solely for the purpose of viewing dvds
    (but we'll say you did all this solely for piracy)

    yes, you purchased your dvd discs and drive legally
    (but we'll say that your fair-use rights don't count)

    yes, you have never created an illegal copy of any of our titles
    (but we'll say that you are a thief and a pirate)

    we are above the law because we have more money than you

    we control your courts and we write your laws

    democracy, freedom, liberty... not for you...

  75. Maybe a way of legally distributing the source by Ice+Tiger · · Score: 1

    It is a little off topic but maybe this is an idea about how to distribute the source for decss legally.

    Take one ascii file, say the declaration of indipendance.

    Take another file that is the ascii representation of a really long number.

    The source of one program that breaks the second file into chucks of 3 digits, this 3 digit number references a character in the first file and writes it out. By the time you work through the second file you have written out the source to decss.

    Now what can be banned.

    1) The distribution of the declaration of independance?

    2) The ascii representation of a number? I don't think so.

    3) A program that does not break any copyright protection at all?

    In fact you could mirror any 2 of the above and what can be proven?

    Just a thought anyway, what do you think?

    --
    "Because we are not employing at entry level, offshoring will kill our industry stone dead."
  76. beta vs vhs by Anonymous Coward · · Score: 0

    I seem to remember that whoever owned the beta vcr system did not allow anyone to make clones of the tapes or machines while the vhs format seemed to be open to whoever wanted to follow the standard. Both systems were stereophonic and the beta tapes were smaller. I also seem to remember beta being superior in other aspects too. The point is that BETA DIED FAST. One factor was that the owners kept beta closed from the public. I don't know if vhs was developed from any reverse engineering of beta systems or not. I may have been incorrect somewhere in this post but it has been how many years now? chuck12

  77. Re:No text?! Two birds with one stone? by Anonymous Coward · · Score: 0

    Yes, yes! Send lots of messages complaining about the format your comments need to be sent in.

    We want our Men In Washington to be trained. When they hear the word Linux, or Open Source, we want them to automatically translate to "annoying pedantic geeks." You voice can count. This could be the opportunity in a lifetime to give Linux a black eye in Washington.

  78. Umm No... RTFA by magnified_plaid · · Score: 1

    I know this has been posted already but I'd hate to read this person's uninformed answer and consider it fact

    They say that they prefer it to be emailed, and that if you must snail mail it (hard copy) then you should send the original with 15 copies.

    Enjoy,
    MxPx

    --
    Semper Ubi Sub Ubi
  79. Open source community: create an ad banner! by DataGrok · · Score: 3

    How many people will see this article two days from now, after it has faded into the archives of "old slashdot news"? I suspect that there will be a bombardment of comments to the copyright office today that will trickle off as we near the deadline.

    I propose that an ad banner should be created, pointing to a central source for advocacy, (http://www.opendvd.org maybe?) ... Containing by then a copy of this story, an advocacy mini-howto, and a link to the copyright office comment box. If this ad were to run on the Andover network of sites (and maybe also be picked up by traffic-heavy sites with opendvd-friendly admins as well... linux.com?), we might get more thurough feedback on this important issue, even after the slashdot effect dies away.

    What do you think?

    -Mike

  80. The biggest controversy no-one ever used by heroine · · Score: 2

    So does anyone actually use deCSS for anything? I read all the comments since the controversy began and found only 1 person who actually tried to use it. This is a controversy based on principle and has nothing to do with being able to watch DVDs on a Linux box. As such, we can only expect the MPAA to win as students lose interest in fighting. Nobody's complaining about not being able to write mp3 encoders anymore.

    1. Re:The biggest controversy no-one ever used by Ektanoor · · Score: 2

      Even if it is a controversy no one ever used, this does not mean that we should drop this out. Let us note the main problem. DeCSS is a piece of software someone created to make OS Linux play DVDs. One person may use it. Two, three, five persons may use it. A whole crowd may use it. Or no one. But the problem is not here. The problem is that a group of producers are restraining the use of DVD technology. They may doing this for logic or selfish reasons.

      Now shall I be forced to use only a restricted group of software/hardware to see DVDs? In many countries, Russia included, there are a set of provisions allowing reverse engineering to provide functionality on areas a software/hardware producer left untouched. I can adapt software hardware systems to my needs, upon the condition that I am not running over the rights of the copyright owner. I can, in certain cases, offer my own functionality add-on, upon condition that it does not impair the rights of the copyright author.

      Frankly deCSS falls in middle of a copyright embroglio. First it adds a non-supplied functionality to a system. Second it may be used to pirate copyrighted stuff. And here it does not matter how many people use or don't use it.

      However there is something that may turn the arrows against MPAA. It seems that many slashdotters don't realize that DVD piracy is becoming a HUGE industry. And it started long before this deCSS stuff. Frankly it took me less than 10 minutes to find two sites dealing with several ways to break DVD restrictions. One of these sites claims to be an year and a half old: dvdpiracy.com. Considering the content, the methods, the level of hardware/software "hacks", one wonders why such a small thing like deCSS came to rise such a noise.

      Considering what goes on it seems that MPAA is not interested on restricting piracy but controlling the market. By restricting the use of their production to a subset of software/hardware (btw Apple's Mac and *NIXes have also problems with DVD compatiblity). Why they do that is still a bit in the shadows. But the fact is that, presently, not everyone can use DVD. And when one tries to overcome this problem MPAA and alikes rise a BIG noise about it.

      If it comes to the fact that deCSS got the attention of MPAA because they do not want to have Linux in their market then we are dealing with monopoly policies. In such case the curse may turn against the curserer...

    2. Re:The biggest controversy no-one ever used by lydiap · · Score: 1
      If it comes to the fact that deCSS got the attention of MPAA because they do not want to have Linux in their market....

      Take a look at some of the testimonies from the M$ monopoly suit. MY guess is that the MPAA signed an agreement stating something to the effect that they could have free M$ software/services (or greatly reduced prices) if they restricted the code to only the M$ platform.

      They did this to IBM - wanted IBM to give up development of OS2 for a reduced price license of kitting pc's with Windoze. IBM didnt buckle (Warp 5 came out this past 9/99) but now pays 4X the amount of $$ for a Windoze license than Compaq or Dell.

      Now, perhaps, the MPAA is on M$'s sh*tlist and if they DONT sue, they will have to pay higher fees for software/services etc.....

      The MPAA scenario is suposition. The IBM example I stated is documented fact.

  81. ...with the DeCSS code incorporated in it :-) by Samrobb · · Score: 1

    Go one step further - create the banner add, and use stenography to encode the DeCSS code as part of the ad. Or, you could split the code into 3-4 chunks, and create 3-4 different ads, saying something like "1/4 of the reason the MPAA is scared out of their wits.", along with a bitmap representation for the chunk o' code... make it an animated image, and have that fade away to say "Collect all four."

    --
    "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  82. Write the studios.. by MikeFM · · Score: 1

    Along w/ that letter I suggest you write a /polite/ letter to some of your favorite studios telling them that you won't buy their movies on DVD if you aren't allowed to watch them on your choice of platforms. This two way attack would cause double the pressure. :)

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  83. The key issue - tying by Animats · · Score: 4
    The use of copy protection to enforce tying, i.e. requiring you to buy a specific player to play content, is generally illegal under the antitrust laws. Thus, attempts to use the copyright laws to enforce a tying arrangement are improper. This relates not only to CSS, but to such issues as whether you can legally sell a player for Playstation games, or a player for proprietary streaming content. It's important to win this one, or we're going to see a whole generation of "authorized hardware", "authorized software", and an associated licensing monopoly. The implications for the Linux world are obvious.

    The "reverse engineering" exemption in the DMCA must be interpreted to permit any activity with the effect of overcoming illegal tying by content vendors.

    I suggest mentioning tying when commenting on this issue. Tying arrangements, sometimes called "tie-in sales", where you have to buy something you don't want to get something you do want, are the issue monopolies usually lose antitrust cases on. IBM lost this one several times (compatible mainframe peripherals) AT&T lost (long distance), and the movie industry lost (forcing "B" movies on theater owners). So there's good history here to remember and exploit.

  84. the point is we shouldnt have to be polite by Anonymous Coward · · Score: 0

    the government is supposed to serve US they are the ones taking OUR MONEY via TAXES under THREAT OF IMPRISONMENT... now they are trying to tell us that WE CANT USE MATERIAL WE PAYED FOR UNLESS WE HAVE MICROSOFT WINDOWS THERE IS NO REASON TO BE POLITE OR CALM STICK IT TO THE FUCKERS

    1. Re:the point is we shouldnt have to be polite by ronfar · · Score: 1

      That kind of letter should be sent to your Senator, Congressman, or the President... not the copyright office. Look, I've often noticed how people who hate the government trust the courts (I've done it myself, or fervently wished they would turn out to be trustworthy) because, theoretically, they are not politically biased or "buyable." Of course, in practice they are just less political and less buyable than the rest of the government. However, I'd never try writing angry letters to the Supreme Court, because I know they'd just ignore them. I'm guessing that the copyright office is more like the Supreme Court and less like the Attorney General. I could be wrong, but even so I think political tactics are best aimed at elected officials, the members of the copyright office are likely appointed.

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  85. I'll talk about a few things by SEAL · · Score: 1
    And before anybody talks about how it's not economically feasible to burn a DVD, let me point out that to copy the content of a DVD disk does not mean it has to be written back to a DVD disk. Pulling it off of DVD and onto VCD or something is still copying.

    ...which may still be LEGAL. But that's beside the point...

    Your basic argument is flawed. You're essentially stating that DVDs ARE copy protected because it is too difficult to make a bitwise copy.

    Yet you continue on to say that economics and storage concerns do NOT present enough difficulty in copying because people will get around these limits sooner or later.

    You can't have it both ways. DVDs are not copy protected by encryption, because copies can be made without circumventing the encryption. Difficulty of accomplishing that task is not the issue. That is a simple fact.

    SEAL

  86. That will happen anyways... by LRJ · · Score: 1

    Many people are now buying DVD's to replace the video tapes that they bought a year ago. Even if the DVD code hadn't been cracked a new technology will be released and you will have to buy everything all over again anyways (my guess is the next technology will be some type of ROM card).

    By forcing the consumer to use only 'licensed' devices to play DVD's (or any other media) you are also forcing them to have to upgrade those devices when the industry decides it's time for an upgrade.

    I hate video tape and I watched very few movies at home because of it. I waited a long time for the stupid DVD standards to settle down before I bought a player because I wanted to avoid the problem mentioned above (technology change). I purchased my player about 2 weeks before this whole DeCSS thing blew up. My feeling is that if they (the movie industry) decide to scrap the current standard and produce another one, I, as a consumer, will just decide to scrap the whole format.

    --
    LRJ
  87. You're confused. by Scott+Wood · · Score: 1
    The DMCA has nothing to do with whether copyrighted software is used to carry out the protection (and you can't copyright a technique, BTW); it is the material being protected that must be under copyright for the law to apply. For example, for the encryption program, you should claim copyright on the text itself that you wish to send.

    And why would you need to use a program to generate a copyrighted encryption program? Most available encryption software is already copyrighted.

    --

  88. A better reply by Esperandi · · Score: 1

    I know most of the replies about the DMCA are going to revolve around DeCSS, but you could probably help your chances in getting your voice heard if you approached it form a less-iffy state. DeCSS really doesn't scream legitimacy since its first release WAS a program to copy DVDs and not simply a DVD player. Theres also the issue of them reverse engineering Xings player and all.... its just not a very solid issue to stand behind.

    However, there is a very solid issue pending in courts now - Streambox VCR. they are being charged with the exact same thing because they circumvented RealNetwork's copyrighting "switch" that they put in real streams served from RealServers. Now, Streambox VCR is _directly_ analogous to using a VCR to record a television program. This application, and this legal battle, could more easily be used to persuade the government that this sort of leniency is a good thing.

    And listen to the sane posts, please don't flame, it will not help our situation at all.

    Esperandi

  89. Re:Restraint of trade by Anonymous Coward · · Score: 0

    Explain to them how Sony and other japanese companies want to lock up the US market and keep small American companies from being able to compete as effectively.

  90. Region codes? by Black+Parrot · · Score: 2

    Could someone give us the poop on region codes, please?

    From what I picked up in an earlier discussion, they sound like nothing more than software support for a price-fixing scheme. If this is the case, then it should perhaps be mentioned in our statements (and may well be grounds for a class-action lawsuit, to boot).

    But if "price fixing" is a misinterpretation/misrepresentation of the function of region codes, then of course they should not be mentioned. So if you've got a clue on this, please share it with those of us who don't. Thanx.

    --
    It's October 6th. Where's W2K? Over the horizon again, eh?

    --
    Sheesh, evil *and* a jerk. -- Jade
  91. Moderate to +5 please! by Anonymous Coward · · Score: 0

    Re:Constitutionality of the DMCA?

  92. No, you've got it basically right. by TheDullBlade · · Score: 2

    Price fixing plus preventing movies from being distributed on DVD before being released in the cinemas in the same countries. I hear that they sell much better in these "late release" countries, because everyone has been watching reviews and trailers for ages.

    Actually this has been ruled illegal in some countries (or at least one: New Zealand). It probably would be in the US, if it wasn't that it is profit mainly for US companies, and most of the releases come out first in the US.

    --
    /.
  93. I think they are embarresed, greedy, and arrogant. by Mr.roboto · · Score: 1

    I think that Hollywood is embarresd that they fucked up by using easily cracked encryption, and that they don't have controll over people any more. This tech could possibly be used for "ripping" your own movies, for instance. They spent millions on R&D for this, and they are embarresed to see some guy from Sweeden crack their encryption. They can't seem to get it through their head that you don't need the original software/hardware to reverse eingeneer something. This is probally due to arrogance. They probally thought that the encryption would take years to decode, but they were proven wrong. They have already tried to keep it out of the media, and are doing quite good at it.

    --
    Don't call my crazy, that's what they called me back in the home!
  94. Re:beta vs vhs: Beta was from SONY by Anonymous Coward · · Score: 0

    Guess who's one of the big time players on the DMCA effort? Once again, SONY.
    SONY=Stupid Old Nasty Yakuza

  95. SONY=Stupid Obstructionist Nogood Yakuza by Anonymous Coward · · Score: 0

    Trying to subjugate the American people. Information wants to be free!

  96. key point: it is access protection by copito · · Score: 3

    Section 1201(a)(1) of the DMCA (the section used to sue the DeCSS distributors) explicitly is not about copying but about access control. Obviously there is a big difference, since copy protection is the entire historical purpose of copyright law, not access protection.

    Private fair use puts some reasonable limits on copying, but private access to legally purchased copyrighted materials is a fundamental right and the DMCA restricts it by making the tools to achieve that access illegal.
    --

    --
    "L'IT c'est moi!"
  97. Re: Platform independence and closed source by copito · · Score: 2

    You can often run a self extracting executable through unzip to uncompress the data.
    --

    --
    "L'IT c'est moi!"
  98. Post the source to them as a letter. by Anonymous Coward · · Score: 0

    So, they're going to put the electronic letters they receive on their web site ? All of them ? Who's going to post them a .pdf file of the decss source to put on their site ? That'll stuff them up.

  99. A nice thought but... by copito · · Score: 2

    The 1201(a)(1) only protects copyrighted work. When the first CSS protected DVD work is no longer copyrighted, it will probably be legal to distribute DeCSS since it will then have the legitimate commercial use of decrypting public domain DVDs. This will occur in around 2090. The chances of DVDs still being playable then seem slim.

    Even worse, congress seems bent on extending Copyrights indefinitely. Disney can't loose the copyright on Mickey after all. Copyrights have been extended retroactively (how's does retroactive copyright promote art?) at an average rate of one year per year since 1962. So if you think that DMCA is unconstitutional on time grounds, read Opposing Copyright Extension and be prepared to get really mad.
    --

    --
    "L'IT c'est moi!"
    1. Re:A nice thought but... by Neil+Rubin · · Score: 1
      I'm aware of the continuous creep of copyright duration. To me, a century hardly seems "limited." Perhaps someday the Supreme Court could be convinced of the same...

      Would the existence of a single work on DVD, protected by CSS, but not under copyright, render DeCSS legal? Surely something in the Public Domain must have ended-up on a CSS-protected DVD. If not, this could certainly be arranged!

      It still seems to me that along with the very strong First Amendment arguments, that the argument that Congress has overstepped its Article 1 powers should be explored further. I have no idea how sympathetic the current Court would be, though.

  100. AL GORE SMOKES POT!!!! by Anonymous Coward · · Score: 0

    The Week Online with DRCNet (stopthedrugwar.org) has learned that Newsweek Magazine decided late Friday to postpone publication of an excerpt of a Gore biography featuring eyewitness accounts of Al Gore's regular and continued drug use over a period of years. The drug use covers a period of Gore's life from his days at Harvard up until the very week he declared his candidacy for Congress in 1976, sources told The Week Online. The book, by Bill Turque of Newsweek's Washington bureau, quotes both named and unnamed sources, including John Warnecke, son of John Carl Warnecke - architect of the John F. Kennedy grave site, and a long-time friend of the Gores. An exclusive interview with Mr. Warnecke follows this story.

    The excerpt had been scheduled to run in Newsweek's January 18th issue, just days before the start of the Democratic primaries. A previous excerpt from the book appeared in the December 6 issue. In that excerpt, which covered Gore's Vietnam experience, Tipper Gore was said to have spent considerable time, distraught with worry for her husband's safety, at Warnecke's house while Gore was overseas.

    The Gore biography, to be published by Houghton-Mifflin, was itself originally scheduled for a January release, but that too has been delayed until March 23. A spokesman for Houghton-Mifflin told The Week Online that the delay was "normal."

    Al Gore has previously admitted using marijuana, but those admissions fall well short of the type of regular, even chronic use described by Warnecke. Warnecke also says that Gore used marijuana regularly for at least four years after the Vice-President claims to have stopped.

    On November 7, 1987, in the wake of Douglas H. Ginsburg's failed Supreme Court nomination, Gore told the Bergen County Record that he had smoked marijuana in college and in the army but had not used it in the past fifteen years. The New York Times reported on November 8, 1987:

    Mr. Gore said he last used marijuana when he was 24. He said he first tried the drug at the end of his junior year at Harvard and used it again at the beginning of his senior year the next fall. He also said he used the drug "once or twice" while off-duty in an Army tour at Bien Hoa, Vietnam; on several occasions while he was in graduate school at Vanderbilt University and when he was an employee of a Nashville newspaper (The Nashville Tennessean). On November 11, 1987, Gore was quoted in UPI, saying "We have to be honest and candid and open in dealing with the (drug) problem."

    Mr. Turque refused to comment to The Week Online. Roy Burnett, a spokesman for Newsweek, acknowledged that the magazine was preparing to run a new excerpt from the book "in the coming weeks." Asked whether there in fact had been a delay, and if so, the reasons behind it, Burnett would say only that it is Newsweek's policy not to discuss its editorial practices.

  101. AL GORE SMOKES POT!!!! part2 by Anonymous Coward · · Score: 0

    Gore, as part of the Clinton Administration, has presided over a drug war policy that has led to the arrest and incarceration of record numbers of non-violent drug offenders. In 1998, according to the Justice Department, there were 682,885 Americans arrested on marijuana charges, 88% of whom were arrested for possession. A recent study by the Center on Juvenile and Criminal Justice (www.cjcj.org) reported that the incarcerated population of the U.S. will reach two million on or around February 15, 2000. Of those, more than half are non-violent offenders according to CJCJ.

    On February 8, 1999, Vice President Gore personally presented the administration's Drug Control Strategy at a Washington, DC press conference. During his remarks, Gore spoke about the "spiritual problem" of drug abuse and about the need for more positive opportunities for young people. Despite this, however, the strategy allocates approximately 2/3 of the federal drug budget on enforcement, with less than one third to be spent on treatment and education combined.

    At that press conference, Gore, perhaps inadvertently, pointed out the very problem inherent in a class of political leaders who prosecute a failing drug war while hiding their own experiences with illicit drugs, and the message that sends to young people.

    "And if young people... feel there's phoniness and hypocrisy and corruption and immorality," Gore said, "then they are much more vulnerable to the drug dealers, to the peers who tempt them with messages that are part of a larger entity of evil."



    ------------------------------------------------ --------------------------------

    INTERVIEW with
    John C. Warnecke
    Exclusive to The Week Online
    By Adam J. Smith

    John C. Warnecke worked as a reporter for the Nashville Tennessean and was a close personal friend of the Gores. Warnecke is the son of John Carl Warnecke, architect for the John F. Kennedy gravesite. The Week Online spoke with Mr. Warnecke by phone this week.

    The Week Online: Mr. Warnecke, Vice President Gore has said that he used marijuana 'on several occasions' and 'not since he was twenty-four.' But you say that you have first-hand knowledge that his use was more extensive than he has previously admitted?

    John C. Warnecke: Yes, I do. I have first hand knowledge that he has not told the truth about his drug use. Al Gore and I smoked regularly, as buddies. Marijuana, hash. I was his regular supplier. I didn't deal dope, I just gave it to him. We smoked more than once, more than a few times, we smoked a lot. We smoked in his car, in his house, we smoked in his parents' house, in my house... we smoked on weekends. We smoked a lot.

    Al Gore and I were smoking marijuana together right up to the time that he ran for Congress in 1976. Right up through the week he declared for that race, in fact.

    WOL: And after that?

    JCW: After that he began to distance himself from me. I was bad for his political career.

    WOL: During the course of the 1988 campaign, you told the New York Times and the Nashville Tennessean that you had smoked marijuana with Al Gore...

    JCW: A few times. And I told them that he didn't like it.

    WOL: Why didn't you tell the truth at that time?

    JCW: I was put under a lot of pressure to lie.

    WOL: Who was pressuring you?

    JCW: The answer to that question is in the excerpt that Newsweek decided not to run. It's in the Turque book. Right now, I'm going to leave it at that.

    WOL: So what made you decide to come forward now?

    JCW: It's because I've been under a lot of stress. My conscience has been killing me ever since then. I actually came forward months ago when Bill (Turque) interviewed me for the book. I had been told that this story would come out, that the public would know this by now. But then the book date was pushed back, and Newsweek pulled the story. The only thing that I can assume is that Newsweek is covering this up, protecting the Gore campaign by refusing to run this before the primaries. I decided that I had to go ahead and tell it. I really feel that the public has a right to know this at this time, and I was having trouble living with myself being part of the hypocrisy and the lies.

    WOL: Hypocrisy?

    JCW: Yes. The drug laws in this country are ruining the lives of hundreds of thousands of young people, mostly poor young people, people who don't come from privileged backgrounds and wealthy families. It just doesn't make sense that we have a war on drugs. It doesn't work, and the politicians refuse to talk about it. That suffering and that hypocrisy has weighed very heavily on my conscience. I have a saying that I use, and that is: "who raised you?" In other words, were you raised with a conscience? Mine has made my life very difficult ever since I became part of the hypocrisy. I couldn't live with the lie anymore. Not and stay sober.

    WOL: How long have you been sober?

    JCW: Twenty-one years.

    WOL: Congratulations. So, after twenty-one years of sobriety, do you consider Al Gore a criminal for his drug use?

    JCW: I don't consider drug use a criminal act. Is drug use a poor choice? Yes. Is it risky behavior? Yes. Does it make any sense -- has it gotten us anywhere as a society to criminalize it? Absolutely not. Unless you consider it progress that we're spending more on prisons than on higher education, and still the drugs are everywhere. But politicians refuse to talk about this issue honestly.

    WOL: And what would you have Al Gore say about it?

    JCW: I wish Al would come clean. I wish that all politicians would come clean and deal with this in a rational manner. Look at all the damage the silence is causing.

    WOL: And Newsweek?

    JCW: Newsweek cut off information that the American people should have had in order to make an informed decision. Knowing that Al Gore used drugs considerably more than he has admitted is important. Let the American people draw their own conclusions about it, let them decide how important it is.

    We need to quit lying about it. Quit hiding it. To my mind, Newsweek censored this, they covered it up. And I think that the perpetuation of that silence over time has allowed us to go on jailing kids. Kids who are much younger and less equipped to deal with life than Al Gore was when we were using drugs together.

    I want any candidate that is running for president to be honest about their drug use. And then we can start being honest with ourselves about how best to deal with society's drug problem.

    WOL: So you don't think that his past drug use, even his extensive drug use, should disqualify Al Gore from the nomination?

    JCW: I'm going to vote for Al Gore.


    1. Re:AL GORE SMOKES POT!!!! part2 by Anonymous Coward · · Score: 0

      Cool I smoke pot too!. I will definately vote for him. If everybody who ever smoked pot would vote for Gore he would win by a land slide!

  102. And while we are at it, LEGALIZE WEED!! by Anonymous Coward · · Score: 0

    When will the world learn, LEGALIZE this stuff

    God united nations are nazi fuckers really controlled by aliens or something...

    WHy did they make it illegal, to make drug cartels and fund CIA with billions?

  103. And what will you be saying? by KahunaBurger · · Score: 1
    Just don't buy DVDs. Tell your friends not to buy DVDs, and tell them why.

    And what will this "vote" tell the Powers That Be (tm)?

    That you don't have the money for a DVD player?

    That you already have a VCR and don't flip around in your movies enough to make a DVD worth while?

    That you are boycotting our decedant entertainment culture?

    That you are a technology cynic and think DVDs will go the way of the laserdisc?

    That you only watch porn and thats mostly on VHS or on-line?

    OR...

    That you are part of a tiny minority of americans who have any idea what this debate is about and how it pretains to *nix users.

    Funny, I don't think the few people who undrstand this issue boycotting will cause enough of a blib in the market for anyone to even notice, much less consider the source. Sending in a letter, on the other hand makes your position exactingly clear and actually gets the message to the people that matter. Vote for yourself, don't expect some market analyst to imagine your motivation.

    Kahuna Burger

    --
    ...will work for Chick tracts...
  104. Re:Help - PDF - Offtopic.... by Anonymous Coward · · Score: 0

    I know this is off topic but one of the devices that win2k says it will delete is my Adobe PDF printer driver. This is the fake printer you can print to creating a PDF in the process. Anybody have a clue as to why Win2K hates it? In addition I noticed that it would remove the MPEG codecs from my ATI Video player.... Very strange...

  105. Re:Help - Please don't slow them too much. by Anonymous Coward · · Score: 0

    As somebody whose last patent took 3 years for them to process and who still has pending ones... PLEASE DON"T GIVE THEM MORE EXCUSES FOR BEING EVEN SLOWER!!! GIVE THE PTO LESS TO READ NOT MORE